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HomeMy WebLinkAbout7707 t7707, ?,e lka ") S daLadrh -r-t-0 txfsh , 1 r Ic-(atIL( .sac IQ rO M,�, LlI2V of O-V0-71 kt Ax I I I <:R-c �L�o 1.14 2 7- Owner: Savarese, Richard File #: 7707 Address: 2575 Old Orchard Rd Code: 18RL � Agent Info Michael Kimack P.O. Box 1047 Southold, NY 11971 Phone: 516-658-6807 Fax: Email: mkimack2@verizon.net 0 Sj 3 1,d4 i OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®F S®(���® P.O. Box 1179 54375 State Road Route 25 r® Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) JL Southold, NY ir Telephone: 631 765-1809 http://southoldtownny.gov RECEIVE® ZONING BOARD OF "PEALS P Q;p� 6 I;q&AWI Town of Southold DDEC 1 9 2022 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 15, 2022 ZBA FILE: #7707 NAME OF APPLICANT: Richard Savarese PROPERTY LOCATION: 2575 Old Orchard Road, East Marion,NY SCTM No. 1000-37-6-7.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type Il category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated August 8, 2022 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.The LWRP Coordinator issued a recommendation dated November 28,2022. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available, it is recommended that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is a small, irregularly shaped, non-conforming 7,316 sq. ft. waterfront parcel located in an R-40 Zoning District. The northerly lot line measures 240.88 feet along the adjacent property,the easterly line measures 40.07 feet in Orient Bay, and the southerly lot line measures 267.13 feet along Old Orchard Lane. The property is improved with a one-story, single-family dwelling,which is shown on the survey by John T. Metzger, L.S, last revised May 9, 2022. The property also contains various retaining walls and a wood walk way to the bay. There are also retaining walls shown on the survey that are located on the neighboring property. BASIS OF APPLICATION: Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's July 7, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition with a pergola attached to an existing single family dwelling, at; 1) located less than the code required minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 2575 Old Orchard Road, (Adj. to Orient Harbor)East Marion,NY. SCTM No. 1000-37-6-7.1. RELIEF REQUESTED: The applicant requests variances to legalize "as-built" deck additions with an "as-built" pergola with a side yard setback of 2. 2 ft where a minimum of 10 ft is required. Also,there is a combined side yard setback of 11.1 ft where a minimum of 25 ft is required. Page 2,December 15,2022 #7707,Savarese SCTM No. 1000-37-6-7.1 ADDITIONAL INFORMATION: During the public hearing the applicant's agent,and the applicant both stated that the existing residence was re-built after damage from Superstorm Sandy. There is a variance (# 6415) dated April 11, 2010, for demolition and construction of a new single-family residence. In addition, the Southold Town Board of Trustees issued Wetland Permits; 1)47146 to re-construct a new single-family residence with retaining walls,with the condition that the property forward of the AE zone line remain a natural vegetated buffer, and; 2)#8356 to raise the existing dwelling, raise finished floor to elevation 14 feet, reconstruct existing deck, steps and stoop. There is currently an open building permit for all improvements issued on January 27, 2021. The owner, in the course of construction, extended the deck to the existing sides of the house and constructed the current pergola. The Board received a letter from the President of the Gardiners Bay Estates Homeowners Association describing the construction of illegal retaining wall encroachments on the Association's property right-of-way to the west of the subject property. There was also oral testimony given at the public hearing pertaining to the retaining walls. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 1, 2022 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling structure currently on the site has been there prior to the first Certificate of Occupancy(#Z12410), dated April 4, 1984. The additions to the deck are in line with the existing house, and the deck is currently open to above with a pergola over it. With the condition that the deck remain open to the sky above, it will not create an undesirable change in the character of the neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Since the additions to the approved deck and pergola are already constructed,there is no way to maintain these structures without an area variance. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, the side yard setback variance represents a 78% relief from the code. The combined side yard setback variance represents a 56% relief from the code. However, due to the non-conforming setbacks of the legally existing house on his very irregularly shaped, long,narrow lot,the open attached deck addition does not have significant adverse impacts.Further the deck is also seaward of the dwelling on the adjacent property 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code, and has a permit from the Town of Southold Board of Trustees. Additionally, the applicant must comply with the conditions of approval imposed by this Board. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an attached deck with Pergola while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3, December 15,2022 47707, Savarese SCTM No. 1000-37-6-7.1 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Lehnert, seconded by Member Weisman, and duly carried, to GRANT the variances as applied for,and shown on the Survey prepared by John J. Metzger, L.S., last revised May 9, 2022, and Architectural Drawings prepared by Mark Schwartz Architect, dated April 15, 2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 90 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s) and submit same to the Office of the Zoning Board of Appeals within 12 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 3. The "as built" deck and pergola shall remain open to the sky above,remain unenclosed, and shall not be turned into habitable space. 4. The applicant shall remove the timber retaining wall and steps that encroach into the adjacent property to the west on Old Orchard Lane and restore the property to a preconstruction state, prior to the issuance of a Certificate of Occupancy. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Pursuant to Chapter 250-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one Page 4,December 15,2022 #7707, Savarese SCTM No. 1000-37-6-7.1 (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Acampora, Planamento and Lehnert. (5-0) 1<is as J. Planamento, Vice Chair Appr for filing�`�' / 1 /2022 i SCDHS REF# R-10-14-000.e7` SURVEY OF PROPERTY A T EAST MARION TOWN OF SO UTHOLD SUFFOLK COUNTY, N Y. I 1000-37-06-71 RECEIVED SCALE.' 1'--020' JANUARY 4, 1999 JANUARY 11, 1999 (PROP. RESIDENCE) AUG 0 2022 JANUARY 15, 1999 (REVISIONS) MARCH 25, 1999 (ADDI710NS) Zoning Board Of Appeals _JULY_25, 1999 (CERTIFICATIONS) ZONE AE OCT. 22, 2010'(FLOOD ZONES) NOV 19, 2013 (CEHL) ® EL. 6 \1 JANUARY 15, 2015 (FND. LOCA710N) cOCTOBER 26, 2017 (FINAL)s��o V MA Y 9, 2022 (DECK SET BACKS) �. d Z > � \ ZONE X \ 5EPTIG LOC ATION5 r A D 5T 28.5' 33.5' LPI 43' 39.5' *k L1`2 36 33 L1`3 32' 28' �Olt °' tia LP4 43' 36.5' LP5 38' 30.5' SEPT I G 5 MEM 3� 30 0 F 1-PRECA5T 1000 GALLON SEPTIC, TANK © �\ 5-LEACH I NC7 POOLS X 2' DEEP 121 100. LrT n 12,4' ,' �� 0 ,) ZONE X ZONE AE EL. 6' LP491 /..,/�a , , / FINAL" MAP �i warssi9;. (REVIEWED BY ?6 ZONE x y'i %�, bo,, SEE DEMSION # 7 ZONE AE � \ A/g �' \' / -.:DATED 1 16 •� ,. EL. 7' � � 1_01 ZONE AE` EL. 7 � � ,n eA 1 ?�� GA ` f O'• LOT 7 / \' >� / ZONE VE ` EL. 9' \, o LOT NUMDER5 REFER TO "MAP OF &ARDINEK'S DAY -ESTATES" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON SEPT. 23 1927 AS FILE NO. 275. 60'1 V) � OF Ne", �P. 4:wr fi P .L. •= PIPE 7� FLOOD ZONES FROM FIRM 36103C0177H MAP EFFECTIVE DATE- 5EPTEMDER 25, 2009 ELEVATIONS ARE REFERENCED TO NAVD 68 GEHL FROM COASTAL EROS ION HAZARD MAP (PHOTO 48-636-63) Y.5. LIG, NO. 49618 ANY ALTERATION OR ADDITION TO THI5 SURVEY IS A VIOLATION OF P GONIG SUR ORS, P.G. SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT A5 PER SECTION 7209-5UDD I V I510N 2. ALL CERTIFICATIONS_ HEREON 1 31) 765-5020 FAX (631) 765-1797 ARE VALID FOR THI5 MAP AND GOPIE5 THEREOF ONLY IF SAID MAP P.O. DOX 909 OR COPIES DEAR THE IMPRESSED SEAL OF THE SURVEYOR WH05E AREA = 7,316 sq.ft. 1230 TRAVELER STREET R SIGNATURE APPEARS HEREON. TO TIE LINE SOUTHOLD, N.Y. 11971 v Qv—389 ► I 1 w 60 'tea♦ ZY �+4 • J . iL win EMENIME V d Ir • ■■■ I■■■f r 11 I■■1■■■ —11■■N ` - 1■� I■■■� 1 ■■N■■■1 1■■■1 I■■ 1■1■1 ■I■I■ 1 ■■■�■1 ■■�■I _ ■■■ I■■■I II ■■1■■■ II■■� ' - t ■■■■1■■■I 1 ■■1■■■1 1■■■I I■■ 1■i■■1■■■■1 1 ■■■■1■L a■�■I 1,_I� _/ ■■■ I■■■■l■■■■I II ■■1■■■t1■���1■■� ° • a. - 1■� I■■■■■1■■■1 ■■■■■i■■■l■■■I ��„ k = t I■■ 1■1■■1■■A■1 1 ■■■■1■■1■■■■■■l■I - ■■■ I■■■■�■■ 1■I II ■■1■■■■�■■■■1■■i x . 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SHEET NUMBER: A~ I — �v0vvOB oC7v0v0v© v© v■ _ — ® �®�o�®�o �s ® oma® m ®i oma® 1 ® o■a® a■ ® o- ~' L ECEIVED UG 0 3 2022 Board of Appeals F--�I co I L—,LJ &=mmm TTI liggil I W � W z � � a o w U LO � � z o 0 AS BUILT SOUTH ELEVATION o SCALE: 1/4" = V-0" F � N cn W 0 r-+ FINAL MAP cn N o c" I REVIEWED BY Z A m of� SEE DECISION # X o ca In 0110 DATED I / 5 � mv V cn C ^ � v In Uco r rn 0--®r v v N � w � w u - - - — AS BUILT EAST ELEVATION SCALE: 1/4" = P-0ll :•. 5 � �`�'� � ?L A) M' DRAWN: Mu, SCALE: JOB#: 4/15/2022 SHEET NUMBER: ".Ota_ 1� f A-2 RECEIVED AUG 0 3 2022 H Zoning Board of Appeals F�–I 6X6 RETAINING WALL B LU ESTON E STEPS 77 10 o o o . a .o 12" THICK, 24" H RETAINING WALL � o a 0 W z o z 20'-11/2 10'-11" A 15 -1 5 -01/2 5 -51/2 5 -51h 0 ir A\ 2820 N — � — � (2)2X10ACQ - - _ - - ; W I I I 9'-43/4" lilt IIII 9'-433/4" I I 1 IIn nu w w 'III 0 O p � wi nn cl� c�-I 00 O CYC iii cv Ln E P v I I v I III o 'er u Q Q IIII d' [� XI o o 00 IInX M N� m UNFINISHED BASEMENT 0 x o IIII ' STORAGE ONLY w IIII � z nn 7z (� IIII M (d Q) Ln av-. IIII 2820 p oo \ ---HM--- (3)2X6 - � I I I I 1111 I itI "y j ;1fl;s;V STEEL COLUMN w/ N :3 N .2X10 ACO DJ (@16"OC„ ; "' 36"X36"X12"CONC. FTG. - Lr) U 04 ON m N `-- - `-- -- 1 IIII 1 (3)#5 REBAR EACH WAY Igo LL I� N • I NAL MAP � � m a •---M M-- N I 00 N IN v IIII X 10 —5 REVIEWS gy W , „ � D Z �Qr W . I I IIII •-- -- ,� ,,y IIII � "" - SEE DECISION Ci 1111 ' J------------------------ co o a _ IIIIoc 4"STEELCOLUMN�{ _='___________________________ I 1 S'O1, # oc 10"dia.CONC.PIER a - IIIIw I --------------------------- ED I� I \ w/30"X30"X12" 1 O / t7 w/24"X24"X12"CONC.FTG. v lilt I I I (3)1-3/4X9-1/2 ML GIRDER DAT —w-- Ln CONC.FTG. , _ 7:--, W CX I MIN.T BELOW GRADE(TYP.) I p - - I O O ql un u- < W O 1111 X LL fV N EX. I11I I^ X �- u 1111 6, ILI m I I I I I Xd. D Ew m r � IIII/h IIn ^ �1 nII m i i i nn W I I IIII Q N (2)2X10 ACQ 14'-0" 1'-0" 18'-11/2" 12'-11" L P4 U m FV FLOOD VENT �14 W AS BUILT FOUNDATION S N PROJECT N 0 RTH — AREA: 557.6 SQ. FT. SCALE. 1/4" — 1 -011 PROVIDE (4) FLOOD VENTS 4 DRAWN: „� �, , � SCALE: JOB#: ! 4/15/2022 SHEET NUMBER: IT A- 3 RECEIVED AUG 0 3 2022 H Zoning Board of Appeals M� W RETAINING WALL II II II II � W II II II 11 11 II II 11 II II 11 II I 1 11 ----------------------------------- I I I I I I II II II rT, F� I II I II I II II II I I O O I II II II l u II II „ Q __� _ __ ________2X_8_P_V_C_P_1_@30"OC I O II II II I i EXISTING LIVING ROOM 0 I II II II I 11 II II I I k I II II II �/1 w I 11 II II I I I II� II II I II Lu II II I 11 II II I 11001 II II , , RETAINING WALL I 11 II II I 11 II II IIO I n I I I I O 1 II V II II 1 II CL 11 II N C I II II IILANDING0 _ _"-�----------------------------------it-�-- II cM �', � O 1 11 a 1 1 LANDING STEPS c7N 1 II co II 11 IIIII 11nnII;1II N ------------------ X EXISTING DECK Trl v�m°fy'00 m0" O ---------- - jI_�I _' f RETAINING WALL X 0 ;p -- -r--------- n � � M Q" I II 11 II O P'. V EX. BEDROOM .5 ,0 m " I 11 it II No. 1 It u TDO I II 11 II EX. BEDROOM EX. KITCH N EX. BATH SHOWER U I II II II O I 11 II II No. 2 00 �] c==1 li-----------------------------------ii rl--' 1L RETAINING WALL N �, 1 I II II II � W 1 II II II I II II II I II II II I II II II I L==-- ---------------------------------------- 11 II II II ■ r^ VI VI I I I I A L MAP V'T" VJ I 11 II II REVIEWED BY0",Z' 'A o SEE DECISION # � un DATED ` NI W S N PROJECT NORTH AS BUILT FLOOR PLAN E SCALE: 1/4" = 1 '-0" x �b VAS +t� 4 DRAWN: M. r 44 SCALE: JOB#: 4/15/2022 SHEET NUMBER: A-4 BOARD MEMBERS FFOClP®�® 4""], Town Hall Annex Leslie Kanes Weisman, Chairperson 53095 Route 25,Main Road Patricia Acampora ® =g P.O. Box 1179 Eric Dantes Southold,NY 11971 Robert Lehnert,Jr. ®A ® ®�� Telephone(631)765-1809 Nicholas Planamento ®( �� http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD January 9, 2023 Michael Kimack P.O. Box 1047 Southold,NY 11971 Re: ZBA FILE: 7707,Richard Savarese 2575 Old Orchard Road, East Marion SCTM No. 1000-37-6-7.1 Dear Mr. Kimack; I received your letter requesting that the Board of Appeals remove condition number 4 in ZBA determination No. 7707 dated December 15, 2022 that requires the applicant to remove the timber retaining wall and steps that encroach into the adjacent property to the west and to restore the property to a preconstruction state prior to the issuance of a Certificate of Occupancy. At the Regular Meeting of the Zoning Board of Appeals on January 5, 2023, I brought your request to the attention of the entire Board and asked them to vote on whether to amend the decision by striking that specific condition of approval. The Board members unanimously voted no to your request because they decided that the condition is rational and properly related to the Board's long-standing practice of conditioning approval for variance relief with the requirement that any structure such as a fence, shed, retaining wall and similar, owned by an applicant that is located on an adjacent property, either be removed or relocated to their own property. Moreover, the Board concluded that prior to closing the hearing on December 1, 2022, all relevant information had been presented and properly considered prior to the Board's determination. If you have any additional concerns or questions, please contact the Town Attorney's office. Sincere y y urs, L Kanes Weisman ZBA Chairperson cc: Southold Town Attorney Michael A. Kimack ATTORNEY AT LAW P.0. Box 1047 Southold, N.Y.11971 Cell No. 516-658-6807 L-inail: mki rnack2(a-)v,-,rizon.net ........... December 21. 20222 Re: 7Bj1. File.,4-7707- -_4 `4r,% avarese, To Southold Zoning Board ol'A.Dpeals In your granting of/,BA file pe-rilit li 7707. voJ included a condition 4 which the applicant to I"Umi.we a timber retaining wall and steps that encroach into the adjacent property and restore the property to a preconstruction state, prior to the issuance of certi I icate of Occupancy. The timber wall and steps are. f)r the most part on th., adjoining property, This condition is not within the powers ofthe Board. I refer you a document produced by the Division of I ocal Government Services, a Division of t.11e New York department of State entitled Zoning Board of Appeals. Under the section titled Conditi.)r.s, page 20, - conditions must relate solely to the particular land -'.-iat is the sub.iect of the applica.ion, and must not concern unrelated land or other issues'*, See Gordon %,. Zoning Board ot'Appeals of the 'l'owtl ol'Clarkstown. .1 respectfully request that you delete condition 4 frons permit 97707. S i ncerel Michael A. Kirnack j OFFICE LOCATION: --JAILING ADDRESS: Town Hall Annex o� so P.O. Box 1179 D 54375 State Route 25 O�� y�l Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) � � Telephone: 631 765-1938 Southold, NY www.sontholdtownny.gov 0 �yCou ,� Waft PLANNING BOARD OFFICE TOWN OF SOUTHOLD � MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date November 28,2022 Re: LWRP Coastal Consistency Review for ZBA RICHARD J. SAVARESE#7707 SCTM#1000-37-6-7.1 RICHARD J. SAVARESE#7707-Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's July 7,2022 Notice of Disapproval based on an application for a permit to legalize an"as built"deck addition with a pergola attached to an existing single family dwelling, at; 1) located less than the code minimum side yard setback of 10 feet; 2) located less than the code minimum combined side yard setback of 25 feet; located at: 2575 Old Orchard Road,(Adj.to Orient Harbor)East Marion,NY. SCTM No. 1000-37-6-7.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions.MINOR ACTIONS item "F"which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEFIA; Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: John Burke;Acting Town Attorney Fuentes, Kim From: Terry, Mark Sent: Monday, November 28, 2022 11:38 AM To: Leslie Weisman Forward Cc: Weisman, Leslie; Fuentes, Kim Subject: RE: RICHARD J. �iE�=a 7707 A second look at Wetlands Permit 7146 is that it had EXPIRED and unfortunately, the protection of the beach did not follow through in the new permit 8356 which locates an A/I in a flood zone. There is no other choice on the placement. I did not research the Co's on this. From: Leslie Weisman Forward <lesliekweisman@gmail.com> Sent: Friday, November 25, 2022 2:21 PM To:Terry, Mark<mark.terry@town.southold.ny.us> Cc:Weisman, Leslie<lesliew@town.southold.ny.us>; Fuentes, Kim <kim.fuentes@town.southold.ny.us> Subject: Re: RICHARD J. SAVARESE#7707 Thank you! I will follow up. Leslie On Tue, Nov 22, 2022 at 2:24 PM Terry, Mark<mark.terry@town.southold.ny.us>wrote: RICHARD J. SAVARESE #7707 - Request for Variances from Article XXIII, Section 280- 124; and the Building Inspector's July 7, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition with a pergola attached to an existing single family dwelling, at; 1) located less than the code minimum side yard setback of 10 feet; 2) located less than the code minimum combined side yard setback of 25 feet; located at: 2575 Old Orchard Road, (Adj. to Orient Harbor) East Marion, NY. SCTM No. 1000-37-6-7.1. I wrote this exempt but have more recommendations. First the overbuilding of these small and environmental sensitive parcels really needs to looked at. I suggest he upgrade the sanitary system to a UA. Note that in or near 2015 they cleared the beach and are now out of compliance with Wetland Permit 7146. Ask them for the permit. Now a buffer in a C&R should be required. Mark Terry, AICP a Assistant Town Planning Director. 1 Or I) N A-el -Y_ COUNTY OF SUFFOLK � a OFFICE OF THE COUNTY EXECUTIVE Steven Bellone l SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department of Commissioner Economic Development and Planning August 8, 2022 Town of Southold Zoning Board of Appeals -- 53095 Main Road RECEIVED P.O. Box 1 179 Southold,NY 11971-0959 ` AUG 0 9 2022 Attn: Leslie Weisman 7-oning Board of appeals Dear Ms. Weisman: f Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Branko & Margaret Peros #7705 Michael Rendel #7706 L' < Richard Savarese Very truly yours, Sarah Lansdale Director of Planning c7�'a e A? By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT AUG 0 3 2022 SOUTHOLD,N.Y. i [Zoning Board of Aopeals NOTICE OF DISAPPROVAL DATE: July 7, 2022 TO: Michael Kimack (Savarese) PO Box 1047 Southold,NY 11971 Please take notice that your application dated June 6, 2022: For permit to: legalize an"as built" deck addition with a pergola to an existing single- family dwelling at: Location of property: 2575 Old Orchard Road, East Marion,NY County Tax Map No. 1000 - Section 37 Block 6 Lot 7_1 Is returned herewith and disapproved on the following grounds: The "as built" construction, on this nonconforming 7,316 sq. ft. lot in the R-40 District, is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring less than 20,000 square feet in total size require a minimum side yard'setback of 10 feet and a combined side yard setback of 25 feet. The construction has a minimum side yard setback of 2.2 feet and a combined side yard setback of 11.1 feet. Authorized Signa u Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS t AREA VARIANCE House Noa T,�Street QZj Q C2&!�l j RP Hamlet 44rT eARIM/U SCTM 1000 Section Block_b_Lot(s) Lot Size Zone-4 -101 6)WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INS§),hC7,EIVEDTO DATED ��7/2D22 BASED ON SURVEY/SITE PLAN DATED Owner(s): /C ,T. J V /C AUG 0 3 2022 Mailing Address: `J-11 t�A9Y� //Z tonin Bard of Appeals Telephone4ff �4-�7jux: Email:_RJ5,-1V. RZ3Z A"C, Rd'• NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:WCAWZ 4, AejA0 Qt for]�.jOwner( )Other: Address: p Q AC /fj V 7, _Q9 aW 6 t %y,Y //F- Telephone;04d 69 Fax: Email: & 1HA G6�2AbEgIZ IM Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), 0�Authorized Representative, ( ) Other Name/Address below: WHEREBY HE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) 02� Article: X Y Ili Section: ZC90 Subsection: Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal X has, ( )has not been made at any time with respect to this proper ,UNDER Appeal No(s) -,66V14"Year(s). 1991tvPZ00 . (Please be sure to research before completing this question or call our office for assistance) 'V644 Name of Owner:4 Vj G09�DZA1 Y f�V%V,6 ZBA File# wr4V. RZ__r� 64 l r S'� x'3.5-6 d v�iiYJi3�l� i REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer' signature notarized): RECEIVED 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to neaarb1G 032 p 2 properties if granted,because: � / f.�U�L/�DC� L!J� /��i� t� /d 3 tr 6 Sl / il/S�G�'o 7'0 �G/G�/ W Ze/C�+'�ard of Appeal To 12 2 /q � /6 zjvr A i`�(>,rr�,��c�vT.1`!Z a U OR 7W 2.The benefit sought by the applicant�Mbe achieved by some method feasible for the applicant to pursue, other than an area variance,because: li V14APp�o vo Dem ��6e�`) CR " vx,P/,4�1e0: Tl�e 4X A*V-U/o,v k> ? ��� _ 427 6k7 3.The amount of relief�u&4F'9 s"'1i eanfial because: V0ee7' oT/r11T 6V V,�VRIA Al CLC IS" Y,4RP r/ 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: '/ —T evlz r-4 Pr e/,—, W/'PZ5�76QL,4 T !S' av,�'v TV� ,�, aGi�lrJli ave 5.H s e a le e d ficul been self-created? Yes, N/o Why ®� /�s l O Are there any Covenants or Restrictions concerning this land? A No { }Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signatu a of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before this��P day of 20 _. Notary Pub TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30, 21 J RECEIVED BOARD OF SOUTHOLD TOWN TRUSTE1,S SOUTHOLD,NEW YORK AUG 0 3 2022 j zoning Board of App PERMIT NO. 8356 DATE:-),,FQR, E ISSUED TO: RICHARD & JOANN SAVARESE PROPERTY ADDRESS: 2575 OLD ORCHARD ROAD, EAST MARION SCTM#37-6-7.1 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on December 11.2013, and in consideration of application fee in the sum of$250.00 paid by Richard&Joann Savarese and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to raise the existing dwelling,and remove and re-construct the foundation to raise finished floor height to elevation 14.0; re-construct existing 16'x16' deck with 3.6'x4' steps and 6' wide x 1' deep step to the ground; and re-construct' existing front stoop; and as depicted on the site plan prepared by Mark:K. Schwartz, Architect,last dated Novem,ber.15,2013 and stamped approved on December 1.1,2013. IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. So4tif F 4., 4 C Gyp • CIO. 0 y� �1� vb Ghosio, Jr. f REVISIONS SITE DATA: TRUSTEES SET 01/33/2009 DESCRIPTION: SQ.FT.AREA: LOT COVERAGE: EXCAVATE: FII_• OPROPEIEIY: .160 SQ FT. �C\\ ` /� PROPFaIY WLTLANDP � Y auunAnlc PaoPEarr: 2? RECEIVED � V 6.9 '. \5':. F ESTIMATED A¢FA DF 20005Q.fT.H- ,� 64?"ET \ s\ � GRDUND DSDuaeAN<E: � xD AUG 0 3 2022 I nYf �� \ '\ �)•T. \ EXISTING HCWSE. sere sv.Fr. N.w. \s cu.ro. �c \ .,.' .j• , F•, IX1511NGFOM4DECIL -,CLF, eN.YD. ••TO 4CU.ro. / .• �: •.••., - _ pj EXISTING SHED 91A 52 FT. e• .•. K Appeals �\ \ o� Zoning Poard�of App =Qe' 0 � _/fes•\ G .- �_ Lm`H USE DELK \m I J F Q,, EXSi1NGTQTAL 91x.0 SQ, I«a_� �'� O L p 7g0,W761.12� 61O � ,-00 : APPROVE'D BY SUM No. 1000-37-6-7.1 \�. BOARD OF TRUSTEES z m z ti TOWN OF SOUMOLD p0RCN a � � � � � \ FAD OD \VALK t 7T EE�. -f T` (•J 79 PA V NOV 1 5 2013 S6BlCOG iONR BB SITE PLAN NOTE: `° ALL SETBACKS SHALL BE VERIFIED W SCALE: 1" = 20'-0' IN FIELD WITH SURVEYOR PRIOR TO EXCAVATION AND CONSTRUCTION STRAW BALE DIKE DETAILS SEQUENCE OF PROJECT: 1 STTECLE.ARING.CLFARANCE OF MINIMUM SITE WORKAS NEEDED.INSTALL BERMS.HAYBAIFS,SILT FENCING AS REQUIRED.RUNOFF W LTF BOUND BALES PLACED 2 RE-BARS.STEEL PICKETS OR 2"X2"STAKES PROTECTION TO BE MAINTAINED DURING LENGTH OF CONSTRUCTION.EXCAVATION MUST NOT BEGIN UNTIL THE LOCATIONSIN CONTOUR RE-BARI(E142-CKETS OUND. SIN THE GROUND OFUNDERGROUNO WIRES.CABLES AND PIPES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE VL Fr 1/r GO AKES RUSH VRT I BALES. WIRE TIE AREAISCLEAR.CLEAR THE SITE AT LEAST 20.25 FEET(IF APPUCABIE)FROM THE PROJECT PERIMETER DO NOT CLEAR OR EXCAVATEO)) LARGEAREAS TO FAR IN ADVANCE OF CONSTRUCTION:DISTURB VEGETATION ONLY AS NEEDED.THEN RESEED OR REPLANT AS SOON AS tiy.q, � BMFS BUTTED PRACTICAL.LIMIT EQUIPMENTTRAFFIC IN AND OUT OF THE JOB SITE-OONOT DRIVE OVER UNCLEARED AREAS.PROTECT UNCLEAREDfDRAINAGE AREA NO MORE THAN I/4 AC.PER TIGHRYTOGETHER AREAS WITH FENCING OR OTHER BARRIERS.PLACE BARRIERS AROUND THE DRIP-UNE OF TREES TO PREVENT INIURYTO THE ROOTSYSTEM.IF A PERMANENT DRIVE CAN NOT B E INSTALLED BEFORE CONSTRUCTION BEGINS.A TEMPOARY GRAVEL DRIVEWAY SHOULD BE100 FETT OF STRAW BALE DIKE FOR SLOPES INSTALLEDWHERE VEHICLES ENTER THE JOB SITE LESS THAN 25%. 2 POLLlJT10N CONTROL CONSTRUCTION DUMPSTE0.AND PORTAIAV TO BE ON SDE AND MAINTAINED DURING LENGTH OF P0.0JECT. IM' 3 SOIL CONTROL EXCAVATED SOILTO BE RETAINED ON SITE AS INDICATED ON SITE PLAN.RETAIN AS MUCH TOP SOIL AS POSSIBLE TO PRESERVE THE ENVIROMENTAL QUALITY OF THE PROJECT SITE.EXCESS FILL TO BE SHIPPED OFF SITE.CONTRACTOR AND EXCAVATOR SHALL INSPECT PROPERTY FOR EXISTING UTILITIES BEFORE EXCAVATION BEGINS.ANY DIGGING WITHIN 241CHES OF LSTILITY MUST BE PROPERLY INSTALLED STRAW BALE DONE BY HAND.WHEN THE TOP SOIL IS PRESERVED.TILL THE SOIL FIRST.AND THEN REMOVE TO A SAFE LOCATION WITH A FRONT (O¢ss-Sedw) -`- END LOADER.PROTECT GRASS.TREES AND OTHER PLANTS WHENEVER POSSIBLE. �'i END ADMEN SHOULD BE PA LEVEL ES POSSIBLE.SET ELEVATION BENCHMARK PRIOR TO EXCAVATION.OVER DIG FOUNDATION HOLES-GIVE PLENTY OF ROOM FOR A WELL•DRAINING BACK FILL AND TO PROVIDE ROOM FOR ALL WORK A).IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS,OVER DIG BY 3-4 FEET. B).IF THE EXCAVATION IS DEEPER THAN 7 FEET.THE SIDES MUST BE SLOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET O0. 1.Excavate the Trench 2.PLACE AND STAID STRAW BALES. NSTALL SHORING. HILLSIDE EXCAVATIOM EXCAVATE THE HILL BACK TOM ANGLE OF REPOSE-THE ANGLE AT WHICH THE SLOPE IS STABLE,USSUALLY BACK TO A SLOPE OF 2:1(VERIFY SOIL CONDITIONS). A).AN UNSHORED VERTICLE M SHOULD NOT EXCEED 5 FEET ON A SLOPED SNE W / -3F Z�® i ANGLE FIRST STAKE TOWARD 4 STORM WATER RUNOFF CONTROL-INSTALL DRYWELLS(AND SEPTIC IF NEEDED)DURING CONSTRUCTION.GUTTERS AND DOWN SPOUTS r Q} PREVIOUSLY LAID BALE TO BE IMMEDIATLY INSTALLED AT TIME OF COMPLETION OF ROOF.ALL DOWNSPOUTS TO BE PIPED TO DRYWTIME. AT THIS TIM _JJ UNDERGROUND HOOKUPS(ELECTRIC,WATER.GAS,FTC.)TO BE INSTALLED. O C3 Z C3 Z ® . 5 PROJECT COMPLETION:FINAL GRADE TO CONTROL RUNOFF DIRECTION TO STAY WITHIN SITE.PITCH GRADELLONG STRAW BALE AND SILT FENCE PERIMETER QO / (WHERE POSSIBLE)OF LAND DISTURBANCE AWAY FROM NEIGHBORING PROPERTIES AND ROADWAYS.INSTAEC TCH BASINS WITH =— DRYWELLS AS REQUIRED TO CONTROL RUNOFF THAT CANNOT STAY WITHIN DISTURBED AREA Q WEDGELOOSESTRAW 0 IQ TOTAL ROOF AREA: 913.0 SQ. FT. ? o W a SILT STOP @100/o WATER RUNOFF @ 2 RAIN LO BALES MUST BE TIGHRY CONSTRUCTION SPECIFICATIONS: POST PER HOUR: 152.5 CU. FT. ABUTTING WITH NO GAPS. / 11.BALES SHALL BE PLACED AT THE TOE OF A SLOPE OR ON THE BACKFILL J CONTOUR AND INAPOW WITH ENDS TIGHTLY ABUTTING �G�� THE ADJACENT BALES. �34F 2).EACH BALE SHALL BE EMBEDDED IN THE SOIL A MINIMUM OF ` (4)INCHES AND PLACE)So THE BINDINGS ARE HORIZONTAL ® 3).BALES SHALL BE SECURELY ANCHORED IN PLACEBYEITHERTWO NATIVE v' DRAWN:Jv 1//� ` SOIL SCALE: l/4'�l'-0" STAKES O0.RE•BARS DRIVEN THROUGH THE BALE.THE FIRST \® i STAKE IN EACH BALE SHALL BE DRIVEN TOWARD THE PREVIOUSLY SOB b LAID BALE AT AN ANGLE TO FORCE THE BALES TOGETHER.STAKES RECOMMENDED NDvembu'15,2013 SHALL BE DRIVEN FLUSH WITH THE BALE. TOE-IN SHEET NUMBER: 4).INSPECTION SHALL BE FREQUENT AND REPAIR REPLACEMENT SHALL VDRYWELLSTOBr: . REMADEPRQMPTLYAfNEEDED. PRE-ASSEMBLED SILT FENCE 5).BALES SHALLBE REMOVED WHEN THEY HAVE SERVED THEIR E OD s 1 1 3.BACKFILL AND COMPACT THE USEFULNESS SO AS NOT TO BLOCK OR IMPEDE STORM FLOW OR DRAINAGE. EXCAVATED SOIL BOARD OF SOUTHO,LD TOWN TRUSTEES SOUTHOLD,NEW YORK 1 PERMIT NO. 7146 DATE: JULY 22, 2009_ ISSUED TO: RICHARD & JOANN SAVEFtESE Z ®�'V6 �0�2 ` PROPERTY ADDRESS: 257:5 OLD ORCIUkRD LANE, EAST MARIONBogR®pFA SC FM#37-6-7.1 AUTHOMATION Pursuant to the provisions )f Chapter 275 and/or Chapter 11 1 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Jud 22,:2009 in consideration of application fee in the scam of$250.00 paid by Richard&Joann_Saverese and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the following: I f r ! Wetland Permit to demolish and reconstruct.a new two-story dwelling with deck, install.drywells for stormwatrr run-off and a new sanitary system with retaining wall, with the condition the area!e:award of the ALE Zone line remains as a natural vegetated buffer, and as depicted on the site plan prepared by Mark K.Schwartz,AIA.dated June 5,2009 and stamped approved on,July 22,2009. i. IN WITNESS WHEREOF,tic said Board of Trustecs hereby causes its Corporate Seal to be affixed, and these.presents to be subscribed by a majority of the said Board as of this date. F - � 04 � o 3� i H - I I '111MMS AND CONDITIONS 104P The 1'he Permittee, Richard&J�tinn Saverese,re!, gt 2575 Oldl:Orchard Lane. East.Marion,O®Fqpp% NY_as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of'Frustees and the Town of'Southold aIre released from any and all damages,or claims for damages,of suits arising directly or indirectly as a result of any operation performed pursuant to this perni t,and the said Permittee will,at his i)r her own expense,defend any and all such suits initiated by third parties,and the said Pelrmittee assumes full liability w..tli respect thereto,to the:complete exclusion of the Board of Trustees of the Town o:.'Southold. 1 2. That this Permit is valid for a period of 24 months,which is considered to be the estimated time required to complete the work involved, but should circumstances warrant,request for an extension may be made to the Board at a later date. i 3. That this Permit should be retained indefinitely,or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained, 4. That the work involved will be subject to the inspection and�i approval of the Board or its agents,and non-compliance with the provisions of the originating application may be cause for revocation of this Purmit by resolution of the said Boardl :5. 'That there will be no unreasonable interference with navigation as a result of the work herein authorized. ti. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operation::of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if, in the opinion of the Board of'11rustees, the work shall cause um easonable obstruction to free navigation,the said Permittee will be required,upon due notice, to remove or aker ilia work project herein stilted without expenses to the Town o:'Southold. I S. The Permittee is required to provide evidence that.a copy ofithis Trustee permit has been recorded with the Office of the:Clerk of the County of Suffolk as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90) calendar days of issuance of this pennit. 9. That the said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will c.-btain all other permits and consents that may be required supplemental to this pennit, which may be subject to revoke upon failure to obtain same. x� James F.King,President ��b�S(?�/ Town 11a11 Annex Jill M.Doherty,Vice-President .�� ' 64375 Main Road Peggy A.Dickerson I' P.O. Box 1179 Dave Bergen G Southold,Now York 1:1.971-0959 Bob Ghosio,Jr. %jl � Telephone{631) 765-1892 �, Fax(63:1) 765-6641enjffj W.-IO 110AILD OF TOINN TRUSTEES TOWN OF SOUTHOLD July 22, 2009 Mark K. Schwartz, AIA P.O. Box 933 Cutchogue, NY 11935 IRE: RICHARD & JOANN S.AVERESE 2575 OLD ORCHARD LANE:, EAST MARION SC'TM#37-6-7.1 Dear Mr. Schwartz: The Board of Town Trustees took the following action during its regular meeting held on Wed., July 22, 2009 regarding the above matter: WHEREAS, Mark K. Schwart2, AIA on behalf of RICHARD & JUA14N SAVERESE applied to -the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, th,3- Wetland Ordinance, application dated June '12, 2009, and, WHEREAS, said application was referred to the; Southold Town Conservation Advisory Council and to the Local Water`ront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trusteesi with respect to said application on July 22, 2009, at which time all interested persons were given an olDportunity to be heard, and, WHEREAS, the Board member!;,, have personally viewed and are familiar with the premises in question and the surrounding area, and, .......... ------ 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, ancl, WHEREAS, the structure corn plies with the standards set forth in Chapter 2,15 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, and, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees has found the application to be Consistent with the Local Waterfront Revitalization Program, and, BE IT FUTHER RESOLVED, that the Board of Trustees APPRQVES the application of RICHARD & JOANN SAVEREIISE to demolish and reconstruct a new two-story dwelling with deck, install drywells for stcrmwater run-off and a new sanitary system milth retaining wall, with the condific n the area seaward of the AE IZone line remainsas a I natural vegetated buffer., and c!s-depicted on the sive plan prepared by Mark K. I Schwartz, AIA dated June 5, 230.9 and stamped approved" on July 22, 2009. Permit toconstruct and completc project will expire two years from the date the permit ' is signed. Fees must be paid, if applicable, and permit issuetl within six months of the date of this notification. Inspections are required ata fE:-e of$50.00 per inspection. (see attached schedule.) Fees: $50.00 Very truly yours, OF Presi ! Jame ii . 7ing- d Board of Trustees Jl;':K/Ims Donald Wilder,Chairman Sal Town Hah,53095 Main Rd. Lauren Standish,Secretary M,. 1 P.O. Box 1179 G IV Southold,NY 11971 '+L '�' Telephone(631)765.1892 4 4 Fax(631)765-6641 m :� Conservation Advisory Council Town of Southold At the meeting of the SouthcId Town Conservation Advisory Council held Wed,, July 15, 2009, the following recommendation was made: Moved by James Eckert, seconded by Peter Young, it was RESOLVED to SUPPORT the; Wetland Permit application of RICHARD & ,JOANN SAVERF_SE to demolish and reconstruct a new two-story dwelling with deck, install drywells for stormwater run-off and a new sanitary system with retaining wall. Located: 2575 Old Orchard Lane, East Marion. SCTM#37-6-7.1 Inspected by: James Eckert The CAC Supports the appli clition with the C:oncition of a non-turf area seaward of the sanitary system. Vote of Council: Ayes: All Motion Carried REMED R ESIONS D uo O.A F.0 lu.�:T,_113 ' DEC N 0 <<, 3 U sou ZONING BOARD'OFAPP .7 V,,1L_ 7--z. �MnKv 02 mimo A� 31130"t 164,, 0 0 L D ,Idle ,7 Dt) (P c p% D d 0 L D) A N SITE PLAN MAP LEGEND S c- cb SCALE: I" =20'-0' SITE PREPERATION- At 1)EXCAVATION MUST NOT 09ON UNTIL THE LOCATIONS OF UNDERGROUND VARES. CABLES AND PIPES HAVE BEEN MARKED OR UNTIL VERIFICATION FROM UTILITY COMPANIES THAT THE AREA IS CLEAR 2).CONTRACTOR AND EXCAVATOR SHALL INSPECT PROPERTY FOR EXISTING LMLMES raRE E CAVATION BEGINS.ANY DIGGING WITHIN 24 ICHES OF UTlUTY MUST Bll�DONEXY HAND 3)CLEAR T E SITE AT LEAST 20-25 F ET OF APPLICABLE)FROM THE FOUNDATION Aj.CUTH I C UITREES(VERIFYWITH OWNER)AND HAULTHEM AWAY. 31.CHIP BRUSH. CI.REM OVE STUMPS AND RAUL THEM AWAY. 4)RETAI AS MUCH TOPSOIL AS POSSIBLE TO PRESERVE THE ENVIROMENTAL S-r0RMWATrmPjANAGFMrtNTgE0 I M QUALITY OF THE PROJECT ME zw 5).WHEN TH E TOP SOI L IS PRESERVED.TILL THE SOIL FIRST.AND THEN REMOVE Ln TO A SAFE LOCATION WITH A FRONT END LJOADER. 6)FOUNDATION EXCAVATIONS SHOULD BE AS LEVEL AS POSSIBLE.SET ELEVATION CH MARKPRIOR.TO EXCAVATION m COT 73.BEN C �N OVER DIG FOUNDATION HOLES TO GIVE PLENTY OF ROOM FOR A WELL- 0 V DRAINING BACK FILL ANDTO PROVIDE ROOM FOR ALL WORK z A)IF THE DEPTH OF EXCAVATION IS 6 FEET OR LESS.OVER DIG BY 3-4 FEET. :r_ =V 0).IF THE EXCAVATION IS DEEPER THAN 7 FEET.THE S MUST BE SlOPED OUTWARDS AT A 45 DEGREE ANGLE ABOVE 4 FEET'O"PSINSTALL SHORING 77 7 T 8).HILLSIDE EXCAVATION:EXCAVATE THE ILL BACKTO AN ANGLE OF REPOSE-THE IS STABLE -1 ANGLE AT WHICH THE SLOPE USSUALLY BACKTOASLOPEOF2. (VERIFY SOIL CONDMON2. A).AN UNSHOREDVERTICLE CUT SHOULD NOT EXCEED 5 FEET ON ASLOPED SITE 9).PROTECT GRASS.TREES AND OTHER PLANTS WHENEVER POSSIBLE. REM., 10).DO NOT CLEAR OR EXCAVATE LARGE AREAS TO FAR IN ADVANCE OF CONSTRUCTION; DISTURB VEGETATION 0 N LY AS NEEDED.THEN RESEED OR RMANT AS SOON AS PRACTICAL 11).LIMIT EQUIPMENT TRAFFIC IN AN D OUT or THE joB au-00 NOT DRIVE OVER Uj UNCLEAAE AREAS PROTECT UNCLEARED AREAS WiTH SNOW FENCING OR OTHER PRE-ASSFIVIBLED SILT FENCE D Z BARRIERS.PLACE BARRIERS AROUND THE DR]P-LINE OF TREES TO PREVENT INJURY TO THE R OT SYSTEM IF A PERMANENT DRIVE CAN NOT B E INSTALLED BEFORE C) C) Z CONSTRUCTION INS.ATEMPOARY GRAVEL DRIVEWAYSHOULD BE INSTALLED BEG L__WHERE VEHICLES 4TERTHEJOBSITF 2! 0 STRAW BALE DIKE DETAILS SILT FENCE DEMILS NOTE., PROPERTY,7316.0 SQ FT G C.TO ADD ADDITIONAL GRADE ON < OPPOSITE SIDE Of RE717AINING WALL EXISTING STRUCTURES TO REMOVE: 0 2 AT S%SLOPE AWAY FROM RETAINING HOUSE SlIiL6 SQ.Fr. 0�- _J WALL ON PROPERTY. WOOD DECK.256 0 So.Fr BRICK WALK:91.4 50.Fr. 0 UJ ESTIMATED EXCAVATION-25 CU.YDS. Ul (PROPOSED HOUSE-FXISTINr) EX TOTAL SQ.FTG,:942.0 SQ Fr EXIUSTTING LOT COVERAGE'12.9-A 04 ESTIMATED FILL 75 CU.YDS (EXIS TING HOUSE+RETAMING-SEPTIC) PROPOSED STRUCTURES-. HOUSE 721.9 Sa Fr REQUIRED DRYWELLS: DECK-256.0 SQ FT. 883.5 50.Fr PROPOSED TOTAL SQ.FTG..977.9 SQ Fr ROOFAREA. @10011.WATER RUNOFF:147 6 CU.Fr. PROPOSED LOT COVERAGE 13 4 DRAWN;Mli MS SCALE: 1""20' PROVIDE- (1)BDIA.X-V DEEP DRYWELLS TOTAL CAPACITY-169 CU.FT. JOEI t NO- ALL SETB HALL BE VERIFIED ]me 05,2009 IN FIELDAVCAKTSSSURVEYOR PRIOR TO HAYBALES WITH SILT SCREENING TO BE NSTAUED PRIOR TO CONSTRUCTION AS EXCAVATION AND CONSTRUCTION SHEETNUMBER: ;NDICATED.ERROSION CONTROL­ M Mw BE INTAINED DURING DURATION OF"c"ONSTRUCTION UNTIL PROJECT I 777 -6-7.11 1000.37 COMPLETED MMIT CLOSED OUT) ScTm# I APPLICANT'S PROJECT DESCRIPTION APPLICANT: DATE PREPARED: Z D Z 2 Z 1.For Demolition of Existing Building Areas Please describe areas being removed: NIA IVED II.New Construction Areas (New Dwelling or New Additions/Extension ): AUG 0 3 2022 Dimensions of first floor extension: IVIX Dimensions of new second floor: oard of A Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: /jLP III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: ( VZ- IV.Calculations of building areas and lot coverage(from surve or): Existing square footage of buildings on your property: -7Z 9.? Proposed increase of building coverage: Al A46 Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: r(j LZ 6441 Z/--" � E� 1 �—CZ-0 14116 01A 15 ZZ, / :r472SF CA d /GA/ L VI. Please describe the land contours (flat,slope%,heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): L,1A1,n CaAvr61&s a,09 A/6 VAr(4z22zW'efj A" J7-2A1V Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market f Yes x No RECEIVED B. Are there any proposals to change or alter land contours. AUG O 3 2022 --)C-No Yes please explain on attached sheet. Zoning Board of Appeals C. 1.) Are there areas that contain sand or wetland grasses? YAy 2.)Are those areas shown on the survey submitted with this application? : 3.) Is the property bulk headed between the wetlands area and the upland building area? Al 0 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ,b N6, Please confirm status of your inquiry or application with the Trustees:"FOU6WIN& Z&Al and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Nd E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? Al 0 f yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. f,W A QCL 0U111V& H. Do you or any co-owner also own other land adjoining or close to this parcel? Al yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel ONS ,PIH-144 and the proposed use "_V_A"VPN., IJN (ex: existing single family,proposed: same with garage,pool or other) o v a e" i Au th rized signature and Date f _ FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED 0� Southold,N.Y. NON - HAB I T A B L E AUG 03202Z Certificate Of Occupant Zoning Board of Appeals No. .Z12410. . . . Date . . . . . APri1. .4 . . .. . . . . . . . . . . . . . .. 19 84 THIS CERTIFIES that the building .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property 2575 Old. Orchard Road . . East.Marion House No. . Serest .Nam%et County Tax Map No. 1000 Section . . .037. . . . . .Block . . . .06. . . . . . . . .Lot . , , .007 . . , . . . Subdivision . . Gard iner' s Bay Est;.'s , Filed Map-No. ' �. . . .Lot No. .7. . . . . . . . . . . Building built prior to >ranfarnrs=subrtatr�Y>~g=ta=-t�8=,�pgT��t�� m��mi��e'�e �=i�=tTiis=c�#'t€�io-�a'�ed April , 5 7 Certificate Of Occupan. . . . . . . . ' ' . . . . . 19 . pursuant towhich-BuHdi :ftA:No. . . . . . . . . . . . . . April 4 ; . . , , 19 84 ,was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . a pre-existing dwelling in non-habitablecondition. . , . • The certificate is issued to THEODORE & ADELE KAMP & WOLFGANG & EVELYN R. STUPEL . . . . . . . . . � of the aforesaid building. Suffolk County Department of Health Approval . . . . . no ,record. . . . . . . . . . . . . . , . . , UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . 1?0 ,record. . . . . . . . , , . . . .. . . SEE ATTACHED HOUSING CODE INSPECTION REPORT. Building Inspetor Rev.1/81 FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED AUG 0 3 2022 Certificate Of Occupan y Zoriing Board of Appeals Noz1.2593. . . . . . . . . . . Date . . . . . .gYu Y. .b . . . . . . . . . . . . . . . . . . .. 198-4 . THIS CERTIFIES that the building . PAq , f 9LAi 1Y. Awe 7.).,i,r1 g, , , , Location of Property . . . 2.57.5. OA4 , Prc,h4ipd, .$Oad. . . . . . . . . . . . . . .1�as.t .Mar,,i.an. . . . House No. Street Hamlet County Tax Map No. 1000 Section . . .037. . . . . .Block . . .°b. . . . , , . . . .Lot . 7. . . . . . . . . . . . . . . Subdivision . Ga.rd iners, Aay, Es,t t . . . . . . . .Filed Map No. 2.7.5, . , . , ,Lot No. .7. . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated July 2 19 84. pursuant to which Building Permit No. 132552, , , , , , , , , , , , , , , dated . . . . . . .',4?y. .2 . . . . . . . . . . . . . . 19 $!+. ,was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .t.o. re.nava to interiors enclose porch and add deck ,to existing one family, dwe7lang. The certificate is issued toTjeAo ,E Q1. Aelrap, A JlQlfgaug- A .);.y,e ylx . S.tupo l. . , , . . . . . (owner,l*sfe T§tapp of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . N,/.A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . VAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' L��4. Building Inspector Rev.1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. RECEIVED CERTIFICATE OF OCCUPANCY AUG 0 3 2022 No Z-17398 Date OCTOB J2Q jnyq88ard of Appeals THIS CERTIFIES that the building ALTERATION Location of Property 2575 OLD ORCHARD RD. EAST MARION, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 37 Block 6 Lot 7.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 31, 1988 pursuant to which Building Permit No. 16890-Z dated APRIL 14, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTER ROOF FROM SHED ROOF TO GABLE ROOF & EXTENDING EXISTING DECK ON EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to ROBERT & JOSEPHINE LUSTGARTEN (owner, lessee or tenant) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NL UNDERWRITERS CERTIFICATE NO. N-037134 - OCTOBER 3, 1988 PLUMBERS CERTIFICATION DATED JUNE 20, 1988 - KING PLUMBING & HEATING Buildin Inspector Rev. 1/81 APPEALS BOARD MEMBERS OOStFFO(�C Southold Town Hall Gerard P. Goehringer, Chairman �� Gym 53095 Main Road James Dinizio,Jr. y = P-0—Box 1179 Lydia A.Tortora O RECEIVE(Uthold, ew York 11971 Lora S. Collins �y ��� ZBA Fax 16)765-9064 George Horning ��l �►� AU G O 3'Mt1hone 516)765-1809 /J Q1 BOARD OF APPEALS Zoning Board of Appeals l TOWN OF SOUTHOLD RESOLUTION REGULAR MEETING WEDNESDAY, APRIL 22, 1999 Appl. No. 4664 — ROBERT LUSfGARDEN and JOSEPH TAVANO, Contract Vendee By Warren Sambach, Sr. Parcel No. 1000-37-6-7.1 Street Address: 2575 Old Orchard Lane, East Marion WHEREAS, on February 5, 1999, applicants filed a request for a Variance based on an application to the Building Department and two Notices of Disapproval dated January 19, 1999; and WHEREAS, a public hearing was held on March 25, 1999, at which time the applicants, their agents, and all other persons who desired to be heard were heard, and their testimony recorded; and, WHEREAS, by written letter dated April 20, 1999, received April 22, 1999, the applicants, by their attorney Alfred A. Volkmann, confirming that they withdraw the above- referenced application for,the reason that Mr. Tavano no longer wishes to proceed; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Collins, it was RESOLVED, that Applicants' letter is accepted and Application No. 4664 is hereby noted as"WITHDRAWN." VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, Collins•, and Horning. This Resolution was duly adopted (5-0)� _ jr ; ,..r• _... .�.... .. ._ .-:1 Vii.-:�� Tov,n Clerk, Tov;n 1 BOARD MEMBERS rjf SO(/p Southold Town Hall Leslie Kanes Weisman,Chairperson �� Olo 53095 Main Road-P.O. Box 1179 Southold,NY 1 197 1-0959 James Dinizio Office Location: Gerard P.Goehringer G Q Town Annex pital-One Bank George Homing p ® �� 4375 MNEEM(�'oungs Avenue) Ken Schneider CQSouthold,NY 11971 http://southoldtown,northfork.net AUG 0 3 2022 ZONING BOARD OF APPEALS Zoning Board of Appeals TOWN OF SOUTHOLD � Tel. (631)765-1809-Fax(631)765-9064 ' FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF.NOVEMBER 16,2010 SoUthold iL^Wn clerk ZBA FILE: 6415 NAME OF APPLICANT: Richard J. &Joann Savarese PROPERTY LOCATION: 2575 Old Orchard Rd. (adj. to Orient Bay), East Marion,NY CTM 1000-37-6-7.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 2, 2010, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated September 15, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a small, irregularly shaped, non-conforming 7,316 sq. ft. waterfront parcel in the R-40 zone. The northerly lot line measures 269.30 feet along an adjacent property, the easterly lot line measures 40.07 feet on Orient Bay, and the southerly lot line measures 267.13 feet along Old Orchard Lane. The property is improved with a one-story, single family dwelling, which is shown on the site survey drawn by Mark Schwartz, Architect, PLLC, dated July 14, 2010, and is also shown, with the proposed location of a new two-story dwelling, on the latest revised site survey drawn by Mark Schwartz, Architect, PLLC,dated Oct. 13,2010. BASIS OF APPLICATION: Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26, 2010,Notice of Disapproval concerning proposed demolition and construct new single-family dwelling,at; 1) less than the code required front yard setback of 35 feet, 2)less than the code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant proposes to demolish a one-story dwelling, and to construct a two-story dwelling on the property requiring a front yard setback variance of 4.4 feet where the code requires 35 feet and a rear yard setback of 0.7 feet where the code requires 35 feet. Page 2—November 16,2010 ZBA Fileil6415—Savarese CTM: 1000-37-6-7.1 AMENDED APPLICATION: During the Sept 23,2010 hearing,the applicant was asked to bring the site plan into more conformity with the code. The Board expressed particular concern with a proposal to construct a two story dwelling with a 0.7 foot rear yard setback. On Oct 14, 2010,the applicant's agent submitted a plan decreasing the proposed front yard setback from 4.1 feet to 3.3 feet, and increasing the proposed rear yard setback from 0.7 feet to 3.3 feet, in an effort to bring the proposed new construction into more conformity with the code. ADDITIONAL INFORMATION: The Applicant has submitted a Letter of Approval and a Wetland Permit from the Board of Southold Town Trustees both dated July 22, 2010. The adjace neigMer—srlbmitfed—a-1 in support of the original application request and spoke at the Public Hearing req iesting ffE@5JfdE&9ant thhe �irst request to better preserve his existing water view. He also agreed to permit the applicant access to his prop rty during construction of the proposed dwelling. AUG 0 3 2022 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application Sept 23,201 ° fd2bfIapg w�slc time written and oral evidence were presented. Based upon all testimony,documentation,persona inspection o the property,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 1267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Although the new construction will replace the existing single family dwelling, after its demolition, it will have a front yard setback that will be reduced from 4.1 feet,to a new setback of 3.3 feet, there will be an increase in the rear yard setback to a minimum of 3.3 feet, rather than the 0.7 foot setback for the existing building. The majority of the houses in the area are two story dwellings with nonconforming setbacks. 2. Town Law 1x267-bQ(b)(2). The benefit sought by the applicant or cannot be achieved by some method, feasible for the applicant to pursue, other than area variances because the size and narrow triangular shape of the property is such that any type of construction will require a variance. 3. Town Law 1267-b(3)(b)(3). The variances granted herein are substantial.The front yard and rear yard setbacks of 3.3 feet represents a 91%variance relief from the code required setback of 35 feet for both setbacks. However, such extreme non-conforming setbacks are not unusual in this neighborhood. 4. Town Law X267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. All storm water management requirements per code will be in place. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created, the applicant was aware of the nonconforming size of the property and has requested to demolish and rebuild a new dwelling that cannot meet the required setbacks. 6. Town Law 4267-b. Grant of the variances requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-8, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer,and duly carried,to GRANT,the variance as amended,and as shown on the revised site plan and survey prepared 10/13/10 by Mark K. Schwartz,AIA,Architect,PLLC. Conditions: 1.)All storm water runoff will be contained on site per code. Page 3-November 16,2010 ZBA File#6415-Savarese CTM: 1000-37-6-7.1 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals., Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconfonnities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alt ration taRECEiV ase the de r bf nonconformity. AUG 0 3 2022 Vote of the Board- Ayes: Members Weisman (Chairperson), Goehringer, chneider. N, �embers inizio. ea (Member Horning by phone no voting right) This Resolution was duly adopte (�.ing Boar o pp RECEIVED Leslie Kanes Weisman,Chairperson Approved for filing !� / / /2010 4 . Qo S zW u ar3 ovd Town Clerk PROPOSm SEPTIC SYSTEM LOCATIONS: u R" DISTANC ISFANCE DE lwnnP AA. DESCAIPIION: FROM'A'FROM'S' °\ Of�f1 ou -mimnR B°LfEPD ANx u ]s b• E.-EE NN EP s' ] CHIFOOL s o 1 % ur � f wxzo FP HI. azo .'. 63 5 %z 1FAOSLYG� DNe A aoHE vE SD? E .,.ENT• \ td 531930'E764.6 E �� I'. '..1� ]m.H�'cR' Aow{f• \"toN 90 C 60S � I O L p O '� Y�O(7 dNtL{/S F xl" I RC o S03 `� RECE.IVW •�N DPW R��Ar p \ \\ntq I y4`a 8OARDOFAPPENZ $ A ` S NOTE �f,{y �t y' ysb j ' 1 4 APA FOR n 2200 SQ.Fr. V =70 CU.YD. MAP LEGEND i �i ��A•��\. �•s SIfF PREPEMTIDN: SITE PLAN l}E VAnONMUf NO RMINUNT ELXMOWS UNDERLROUA9 CABIFS ANO PIPET MAVT BEEN MARxfO dl UNIIt VFNFlUTON fA4 UfRRY o SCALE:1"=20'-0' cOIAPAwff—TTEJEAREAU[IFAFL f11 ]J.coNtRACfORANDIXGvxrORAIAUINSPECF PROPERTY FOR FxIfTINC ItrDRIfS �I �D° ° BEFOREIXGVATION BEGINS.ANY OIGLWG WRHIN]91CMFSw UTLRYMUST BEDONEBV HAND. \� 31.CIFARTHESrMATL'AST29.ZFEEFOFA CAB1EJfAOM fOUt noR C) e.CESTUPTREFSfVENFYMTHOVINERJANOIMLI AWAY. J L' 40am BRUSH. (_�-/YI (. II q.REMOVE ST11A@f 0.VD HAULTHEM AWAY. 7 qJ-REfAN K MUCNTDP SD4 KROSSIBLEID PAEWIVETHE fNV0WM0JfAl W STORMWATER MANAGEMENT REQUIREMENTS DU,Vfry DFTIiEPAwECT SITE. j ° _ BI.WHEN THE TOPfOM16PRESERVED.TILLTNESOR.FI0.D.AV"THIIlR0.10VE 0., r.auw ..r _- q'4 SIT -_ TO A3IFE IOCATION WTTFIAPAONi FNO 10AO0. ��/�I �Cj7 ""•�•" -'•••""-' �"'�'��' 67.FOUNDKIONE CAVATIONSASOUIDBEKIEVE1 MSI.MSETEIEVATION vJ w5�l �"�'"'����'�'L^�� _� BFFICH MAJUEPRWRTO FffGVAT0F2 O Y y FL OVE401G fO11NOAilON HfAES TO LIVEPIFNh'Of ROOM iOAA VhLL- A4 O I Y - - "�`�' FINAL MAP ORAWNGOACK-OF EXCAVA RWIDEEETO FOR ALL WOPJL ...--illz A}IFTHE DEPTtS OF IXGVK10NU6FEET O0.lFSf.OVFR TRC BY3-4FEET D" 01%IFTHEE% ATAlNUDtTPEATFUNTF£TT.THE TIDES MUST BE f10PED O. V RE'MIEWED BY Z'fBGA ONWARDfATAg30ELREFANLIEMOVEIFFETC6t1NSTALLfilpplN4 Fil i. SEE DECISION#fel✓ B)SR WIDE OICAVAWN,-IXGVATE—HUFBACRTO AN ANLIEOF REPOSF-TNE N AVLIF AT 0.R11[H nSEt10PE USEABLE.VSSUALLY BAO:TOA SIO.E OFYI DATEDLIELJ� IVERIvsaLcoNDmma. - ALAN UNSNOAFD VETDICLE CUTSP10UlD NOF IXCFFDSfEEi ON ASSO7E0ASF. YYnyY — � 1PAOTECT LRAff.TREO ANOOfHEII PIANIfM@IEVEN RODSatE. :0J.DONOTCJEIRORDMGVATESARLEAP.WTOFMP1AW CEOFCOKMWa-0: y - _— 01fT11Re VEGEfATONOMYK NEEDED•T}1PI RESEED OR REAANTKSOONK Y Y FRAaICAL IIJ.UMDEOWMETIf TRAFFICNANDOUTOi THEIOBSRE•DONOTMR EOVER W PR&ASSEMBLEDSILT FENCE -- u Q AAIUERf�ARouNDn�RO—E Of �TO�FR�EV Byu, En ZQ TOTFrE RDOTfYSTFPA YAPFTLMANFMDRJVECANNOTBEINSTAISID BEFORE z —FY —^ — O CONSTRUCTION SKINS ATEMPOARY GMVD DNVEWAYO1=ABE NEMM O pZ �°^•�, m— — — � vASEREvflBcus fNTmnBEpa.FITE p,,.l K •L,j < I'�1 STRAW BALE DIKE DETAILS SILT n NOff: Mo fi• 4C.TO AILD AOORIONAL GI—EON PR019DY:m6n5O Pr. IGa J ds '�•� " •n �n • W C ••• OT5%ROPEAWAYFROMNRETNNNL SSTR REfT04DAOVE: O �� °•-a 0rF n WALLON PROPERLY W000 DKx:]540 SO.ff. ESTI rn RRIDS V%lx:9I,4SO.FT. I O W •rmnw —� vwamY T— _ _ �N _-'-'S=�\�/ 0 ••.1 EHIKOIASVHAnOF%6M1WGN.YDS. WSTT -m FTG-"-fam L� C FSUnNC IDT COVERAGE 129% �ry O ESTIMATED TILL 7s cu.YDJ. / • - `�' , 0 rn Sr"J(IfTING NOUfE.RETANN4fEFl-q PROIOS©S2itULTURtT: I A C=) RECRI'AED DRVWFLU: DEOC35D 50.FT. II " -C N ROOF ARE0.BB35 SO,FT. P0.0POSF0 TOfAtsD.ETC:4/7.9 SD.R. -d ®100°6 WATER—OFF.147A N.FT. FROPwED LOT[OVERAGE Dd% {D P0.0VNE DRAWN:'6BE/J75 „ �� a ,lOe Du.%4'OEFP ORTVmH muz 1"•>fl' ^-•w L OTAL CAPACITY.169 N.FT. NOTE: {Ion ALLtFIBA[xS RULLBE V[RiFim Ocnic1,2010 MTN SILT SCA@IOSGTO BE INFIELD WITH SURVEYOR PRIO0.TO SUFE-i IITdBF]t _ "a� ""' �`�'� � NSTAULO P0.100.T0 CONfTRUCUONK IXGVATON AHD CONSfRUCTSON e ry NDIGnD.EARDRON CDATRDLSHAu E MANfAINED O-15 DUPAIDON I I 1 _ OF CONSTRUCl1pN UMLL PROJECTD �, ■ .9� �,, w _...__-_. �L ..•^" moi- ...,.�_.. �� cOMPUTFn ryEAMrr clrnEo ourJ. SCTM#1000-31-6-7.1 ■1 I� i ;� AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by t le appliaREr\�py)special se permit, site plan approval,use variance, area variance or subdivisi n approval on property wi hin an agricultural district OR within 500 feet of a farm operation loca ed in aMrWugtRK1 Oistri t. All applications requiring an agricultural data statement must be r erred to the Suffolk Couni y Department of Planning in accordance with Section 239m and 239 2f thie %oaerrc�of Appea sal Law. 1 1. Name of Applicant: ('A?A," J-X V,4) � 2. Address of Applicant: Al(, // A#17;, 91FOOZZMA/ / k //7/- 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: L,6 6,411/Z ,111'.�1/✓�/' �D,�CYC LJ� 6. Location of Property: (road and Tax map number) /,? . 7. Is the parcel within 500 feet of a faroperation? { m Yes fie No 8. Is this parcel actively farmed? { ) Yes X No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) ;Vv a eeow Wd 7 Z a -7 oz_z Signature of Applicant Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECEIVED Appendix B Short Environmental Assessment ForftG o 3 ZOZZ 1 Instructions for Comuletin2 Zoning Board of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: .54 V Project Location(describe,and attach a location map): S-75- /0 Brief Description of Proposed Action: r-p/z /I A17— � o � Name of Applicant or Sponsor: Telephone- _ b F07 l`I ola� M; E ! '40;:2(C►/ /2>Z oill./{/ T" Address: p o. S&M /09 City/PO: State: Zip Code: O ac / JP70 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YRS administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. i' 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Y/ f 3.a.Total acreage of the site of the proposed action. acres b.Total acreage to be physically disturbed? 0.Q08acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? a. 1619 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? y b.Consistent with the adopted comprehensive plan? J� �( 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? / X 7. Is the site of the proposed action located in,or does it adjoin,a state list eat NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic aboLepreserARGel�?3 2022NO YES b.Are public transportation seivice(s)available at or near the site of thcbtia sof Appeals c.Are any pedestrian accommodations or bicycle routes available on or near site oft e propose ac ion. y 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologic : MA y 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: m1A V 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: y1A 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? y b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? O If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: 'Shoreline ❑Forest ❑ Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑Urban gSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? . If Yes,briefly describe: ❑NO ❑ YES Page 2 of 4 \y J, l 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: RECEIVED 19.Has the site of the proposed action or an adjoining property bee the locaA f(prpavZZor clos d �� O YES solid waste management facility? If Yes,describe: �l Zoning Boar o Appeals �C 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: /� L' C Date: 7,/t 0 Z07Z Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b,public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3, Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term long-term cumulative impacts. RECEIVED AUG 0 3 2022 Zoning Board of Appeals ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 1 Board of Zoning i�Mii als A licatio RECEIVED AUG 0 3 2022 AUTHORIZATION (Where the.Applicant is nut the Owner) Zoning Board of Appeals (Print property owner's name) (Mailing Address) do hereby au::horize — lM C7'l (Agent) —_--------------.--_----, _- to apply I'o:-variauce(s) on my behalf from the Southold Zoning Beard of Appcals. (G\N;ner's Signature) (Print Owner's Name) APPLICANT/oWNER RECEIVED TRANSACTIONAL DISCLOSURE FO iN 1t'I� Q 9 ffhe Totivo ufSr�iuthuld's Cudc of Eahics rohibits cnnllicls'of intr-rest oir the art or town 1-ficers andti�itlpTi, e4.o ur u c nl'this fot'm is to provide information which can, the town of ossible conflicts of interest a d allmti_it to take whatever action s necessary to avoid same. n Zoning YOUR NAME �• Board of Appeals ;_ fL/ �.LGS�c �C�' _ (Last noon',first name,middle initial,unless rou atv!appiving in the nanx ol'someone else ur other rutih,such as a compalty.It so,indicate.the other person's or conlpan�''s nsuur.I TYPE OF APPLICATION: (Check all that apply) Tax grievance _ Building Permit Variance — —_ ---� _ Trustee Permit Change of Zone_---` Coastal IZrosion — Approval of Plat— _ �Nouring, — Other(activity) — --_— — Planning — 1)0 you personally(or through your company,spouse,sibling,parent,or child) have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest. `Business interest" means a business, including a parinership,in which the town offs er or employee has even a partial orynership of(or employment by) a corporation in which the town officer or employee owns more than 5;% of the shares. YES NO If you answered "YES",complete the balance of this form and date and sign where indicated. :Same of person employed bi the"Town of Southold Title or position of that person — Describe the relationship between youl•Sclf(the applicant/al;(-nth'epresentative) and the hrwn officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The rown o1•tieer or employee or his or her spouse,sibliu„,Parent,or chili is(check all that apply) : A)the owner of greater that 5%of the shares OF(he corporate stock ol'the applicant(when (lie applicant is a corporation) --__B)the legal or beneficial owner of ally interest in a non-corporate t atity(when the applicant is not a corporation) Q an officer,director,partner,('r employee of the applicant,or __-D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted^C1 .4a 2f)Signature I't int NanlS�V.4 -- rl AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. N YOUR NAME • C' C /`i RECEIVED (Last name,first name,middle initial,unless you are applying in the name of someme else or pill epUti ,�y�Jl�s a n company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Zoning Board of Tax grievance Building Permit 9 Appeals Variance ) Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO ( If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of JOULY ,2092 Signature Print Name Town of Southold LWRP CONSISTENCY ASSESSMENT F RM RECEIVED A. INSTRUCTIONS AUG 0 3 2022 11 1. All applicants for permits* including Town of Southold age c i� Agg ffq V�j� CAF for proposed actions that are subject to the Town of Southold Wate Consistent ew aw. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# �- ��- �• The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: PKI Nature and extent of action: TO /19-64 4/zA5 114 J, J�®�Cfe 1611 AE&(OW CTFP PR4i!5 V/oU-r�V4WR DY/,-CD Location of action: MD 0 ����f) J7—jyjq/2JQIV Site acreage: Present land use: 9614A &N r1141— Present zoning classification; - 40 2. If an application for the proposed action has been filed with tof Southold agency, the following information shall be provided: Board of Appeals oning (a) Name of applicant: A! Z- Ge (b) Mailing address: (c) Telephone number: Area Code 68 D 7 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No® If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. FV Yes ❑ No Ji Not Applicable `' P &1Z 1" G GAJ !Z f' U i�M�cy 6V7-a OQR- ff-=g�AAV V C711112 E5' Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable r 2 0 45A/ o 7' ('D� i v iv QZ A C Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No M Not Applicable RECEIVED Attach additional sheets if necessary AUG 0 3 2022 NATURAL COAST POLICIES Zoning Board of Appeals Policy 4. Minimize loss of life, structures, and natural resources from oo ing an erosion. ee LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 13 Yes 0 No 1'/�'71 Not Applicable n aci CY !9 N�A r7) 2V1-F .41W 11 rA 71-0V/ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No Not App icable POLI CY 5-A/ A )0''0 2-W- 11' APPL/ 47701u Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [] No® Not Applicable POLI CV 6 u/4 -rQ YV/.r APC-L/CI V,4V Attach additional sheets if necessary RECEIVED Policy 7. Protect and improve air quality in the Town of Southold See III Policies Pages 32 through 34 for evaluation criteria. I ��L ❑ Yes ❑ NoNot Applicable Zoning Board of Appeals 0 SrZ Cr wiZ-G !/!9 V. GV 6 &W CT 0/t/ Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeEl No 10 Not Applicable P6 11 Cy q MIA W TWIT 4&4Zc4MAI Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No W Not Applicable PO L/c /a /A/ r-Q 2W is A41 CA 774,V ECEIVED AUG 0 3 2022 Attach additional sheets if necessary Zoning Board of Appo s Policy 11. Promote sustainable use of living marine resources Sounw, he Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No �a Not Applicable 1?0 L/ CY !> A!/tea �l1'ARAG/[ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 19 Not Applicable WU5 At 0&59y4,0--r N0 4& 1`()/CS' OR !S 6 LA/IIP Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 'X1 Not App1iN g �/CY �.� /� tr 4 P1-1 Grlsy Created on 512510511:20 AM SOUTHOLD BOARD OF APPEALS R::I PRIOR FINDINGS, DELIBERATIONS AND DETERMINATIO S REQUEST RELIEF FOR LESS THAN REQUIRED SETBAC FROM YARDS PURSUANT TO ARTICLE XXIII SECTION 280-12 Zoning B 1. ZBA File: 5453 Approval to construct a new two story addition, having side yard setbacks of 3.4 ft. and 12 ft .for combined side-yards of 15.4 feet. 2. ZBA File: 6415 Approval to construct a new two 920 story dwelling with a front yard setback of 3.3 feet and a rear yard setback of 3.3 feet. (Applicant's dwelling) 3. ZBA File: 6676 Approval to construct a patio retaining wall on e(1) foot from side yard setback 4. ZBA File: 7218 Approval to construct an addition to existing dwelling with a combined side yard setback of 15.8 feet. 5. ZBA File: 3557 Approval to reconstruct new dwelling withcombined side yards of 12 feet and 7 feet ( 19 feet) CL _.... P CL c=) aas� LLI cli MW c: rt�11 4 I-M ri COUNTY OF SUFFOLK (Cl 37 RealPfopelty �. Ta - Ag r � S%IFF � APPEALS BOARD MEMBERS p�0 COG Southold Town Hall Ruth D.Oliva,Chairwoman �� y 53095 Main Road Gerard P. Goehringer y = P.O. Box 1179 Lydia A.Tortora • 11971-0959 Vincent Orlando '1' p! RECEIVECrel. (631 765.1809 James Dinizio,Jr. ��l �a Fax(631) 765-9064 AUG 0 3 2022 /`'�r�� http::/southoldtown.northfork.n t Zoning Board of Appea'.S E1VED BOARD OF APPEAL TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION -APR 1 3, , J MEETING OF APRIL 8, 2004 '. - 1. ` Ref. #5453-JOSEPH TRENCHENY 5oufhold Town Clerk Property Location: 120 South Lane, East Marion CTM#37-6-3.r:4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 13,056 sq. ft. parcel has 60 ft. along the south side of Oak Street in East Marion and 325.17 feet in depth along the easterly property line. The property is only 35.38 ft, at the southerly end of the property, along Orient Harbor. The existing one- story dwelling is 33.1 feet from the front property line, 3.4 feet from the east side property line, and approximately 34 feet from the west side property line, as shown on the February 26, 2003 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: The Building Department's Notice of Disapproval dated August 25, 2003, amended 2-23-04, cites Code Section 100-244B in its denial of a building permit application concerning additions and alterations, for the reason that the total side yards are proposed at less than 25 feet (combined). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 26, 2004 and March 18, 2004, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant proposes a two-story addition along the west side of the existing dwelling. The applicant's February 26, 2003 site plan, revised 8/18/03, prepared by Architechnogies, shows a new two-story addition at 10 feet from the closest angle along the southwest lot line, and 15 feet from the side property line at the greatest width, without change to the easterly 3.4 ft. side yard, resulting in a combined side yard area of 13.4 feet. ADDITIONAL INFORMATION:AMENDED RELIEF: During the January 22, 2004 public hearing, the applicant indicated that a second story was also being added over a portion of the existing dwelling, which would not meet the side yard setback requirements. At the February 26, 2004 public hearing, the Board reviewed the applicant's February 23, 2004 amended site plan adding a proposed Page:=Aprli 8,2004 ZBA No.5453—Joseph Trencheny CTM 1000-37.6-3.2 RECEIVED AUG 0 3 2022 Zoning Board of Appeals second-story over the existing first floor of the dwelling at 7'6" from the easterly side lot line. In this review, the applicant was requested to consider an alternative which would increase the side yard at the sharp angle of the south/west lot line, for the reason that the 10 ft. setback as angled would not provide sufficient fire accessibility. On March 16, 2004, the applicant submitted a revised site plan, providing an increased setback from 10 ft. to 12 ft. on the south/west angle from the proposed addition at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the alternative relief will not produce an undesirable change in character of neighborhood or a detriment to nearby properties. The applicant's house is one of many single-story houses along South Lane in East Marion. The new proposed construction will transform the existing house into a two-story design with a height at 26 feet to the ridge. The existing side yard set back of 3'4" on the north/east side of the property will be unchanged. The new second story addition will have an increased easterly side yard setback from the 34" that remains for the existing first floor to 7'6", and the west/southwest side setbacks will be 17'6" and 12', as shown on the survey/site map revised March 16, 2004, prepared by Arch itechnolog ies. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. This lot is particularly long and narrow, which leaves the side yards with little or no room for expansion. The logical choice is for an expansion as designed with the new construction as second-story additions. 3. The variance requested is substantial for a two-story addition, representing a 38% reduction for the existing 3.4' side yard and proposed 12 ft. side yard, from the current code requirement of 25 feet for combined total side yard setbacks. The additional second-story will result in a reduction of 22%,for a combined side yard area of 19'6" (7'6" and 12' minimum)as revised. 4. The difficulty was self-created because the applicant acquired the nonconforming premises with knowledge of the tight side yards, and while zoning restrictions were, and have been, in effect. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Tortora, and duly carried, to DENY the relief as applied for, and to GRANT alternative relief as shown on the March 16, 2003 amended plan prepared by Page 3—April S,2004 i ZBA No,5453—Joseph Trencheny CTM 1000-37-6.3.2 RECEIVED AUG 0 3 2022001 Zoning Board of Appeals Architechnologies. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes; Members Oliva (Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5- NI . Ruth D. Oliva, Chairwoman 4/.1.ZI04 Approved for Filing i BOARD MEMBERS 0� soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� /y� 53095 Main Road•P.O.Box 1179 !O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing '�?►� y� 54375 Main Road(at Youngs Avenue) Ken Schneider fyCOUNTi Southold,NY 11971 http://southoldtown.northfork.net qV � C`jVED ZONING BOARD OF -PIA TOWN OF SOUTIH OLD RECEIVED Tel.(631)765-1809 •Fax(63 1)765-9 ;Sotho P 2 4 2013 0 3 2 Qy , ldTown Uei Zoning Board of Appeals FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 19,2013 ZBA FILE: 6676 NAME OF APPLICANT: Ellen Brenner 2007 Trust SCTM#1000-37-6-4 PROPERTY LOCATION: 40 South Lane(Oak Court)(corner Old Orchard Road)East Marion, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 13, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION• The subject parcel is 10,535 square feet in an R-40 District. It is a corner lot subject to two front yards. It fronts South Lane (Oak Street) for 57.28 feet and Old Orchard Road for 133.93 feet. The eastern property line is 123.66 feet and the southern property line is 94.88 feet. The parcel is improved with a one story frame house, all as shown on the Survey of Property,prepared by John Metzger, L.S. dated May 2, 2012, last revised on Nov. 6,2012. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 20, 2013 Notice of Disapproval based on an application for building permit to construct second story addition and patio addition to existing single family dwelling: 1) less than the code required minimum front yard setback of 35 feet, 2) less than the code required minimum rear yard setback of 35 feet, 3) less than the code required minimum side yard setback of 10 feet. RELIEF REQUESTED: The applicant requests variances for; 1) a rear yard setback of 28.5 feet where the code requires 35 feet, 2) a front yard setback of 20.3 feet where the code requires 35 feet and 3) a side yard setback of 1+/-feet where the code requires 10 feet, all as shown on the Site Plan of Brenner House, Additions&Alterations, sheet S-1, prepared by Mark Schwartz, R.A, dated June 11,2013. ADDITIONAL INFORMATION: Applicant's agent submitted several variances that were granted in the area with similar setbacks. Page 2 of 3—September 19,2013 ZBA#16676—Brenner SCTMO#1000-37-6-0 RECEIVED FINDINGS OF FACT/REASONS FOR BOARD AC ION: AUG 0 3 2022 The Zoning Board of Appeals held a public hearing on this application on Septem eff%r909-3Baf4R%4RWi en and oral evidence were presented. Based upon all testimony, documentation,pers e property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed second story addition is consistent with the character of this neighborhood and the proposed expansion of the existing patio with its proposed retaining walls and steps will not be a detriment to nearby properties because the patio will not be enclosed. 2. Town Law $267-W)(b)(2). The benefit sought by the applicant to construct a second story addition cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The dwelling exists with the nonconforming 28.5 foot rear yard setback and a second story addition at this location will also require a setback variance.The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could construct the patio at a conforming front yard and side yard setback location. However,this would greatly reduce the size of the proposed patio and limit its functionality. 3. Town Law &267-b(&b)(3). The variance granted herein for a 28.5 foot rear yard setback is mathematically substantial, representing 19% relief from the code. However, the dwelling exists at this 28.5 foot setback. The variances granted herein for a 20.3 foot front yard setback and a 1 foot side yard setback to the proposed patio retaining walls is mathematically substantial, representing 42% and 90% relief from the code. However, these setbacks are to a patio that will be open to the sky. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a of constructing the proposed second story addition and patio addition, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dantes, and duly carried,to GRANT of the variances as applied for, and shown on the architectural drawings prepared by Mark Schwartz, R.A., sheets S-1, S-la, S-2,A-1,A-2, A-3, A-4, A-5,all dated June 11,2013 CONDITIONS: 1. The patio shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or,architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3 of 3—September 19,2013 ZBA#6676—Brenner SCTM#1000-37-6-4 Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimt in natRDAEOeration hat does not increase the degree of nonconformity. /10 AUG 0 3 2022 Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneide , p6ptift fib& WN.10�f1�e Horning. This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing 9 �� /2013 REVISIONS: SITE DATA: DESCRIPTION: SQ.FT.AREA: LOT COVERAGE: EXCAVATE: FILL- PROPOSED PROPOSED ADDITION S O U T H LAN E le,1dGDK ttnC1a Nl.,,p rt. _ FLOOD ZONE eI,uNMLwN,ro nLM1T. ,Nm �� - NSB°511 O' MAY A I S7:ZH' �'-�••--- wN/Yi,Nn,G�v.R,I MTH] RPM,Q R.1 uN.Y1 uiCU rp \ W ,00-o liw,sn rt. n�v, ncu.ro - \ ^`y -•,•/ o � C m � REIVED a 3 a /MNEAE / SEP b 2,313 _ EL ' �(-z' \ BOARD OF APPEALS t b EXISTING ONE STORY F� HAY BAY w/SILT FENCING �� w r NOMOF QIA0. TO 6E NO MORl TNAN W 20'F0.0M _ � I �ti�x. I N/O/F .�.7 I- P opoaVIMAf D Q INDICATED ON SM PIM IXISTINGONFETOAY I THORP k' o RESIDENCE Z Q F.F.13.6' a z h � z o ;o \ O A FINAL MAP Y ZBA� O \\ E WED B -7l� _ 1 a„ \ P A ® REVIEWED B�,T TOBU FAD SEE DECISION#� ;', C X q I� m Il SIO EXETwG m w DATED_ 1a PATIO PAHO n Tn O I O H O D7 o EwmNi a CAD REM EtISJN Of PTS-.SIJ y' I _ _ _ uNwclvAu_• Ia _ - _ O Z •i ""ING PAT15 E0, LINE IO.EONE EIr opal FLO — ADDMONAL MANSION:2V SO. I SITE PLAN MEECONICSBOUNDSSURVEYORS BY: PAVER DRIVE' WAY PECONIC LI SURVEYORS 1 P/O LOT 6 e.e.tune P/O LOT 5 NYS LIC.:49616012 SCALE: 1" = 20'-0' MAY 72012 _ _ _ _ _ DRAwE-bR1IM3 SCALE lu•.I'-0• i (DWELLING) (DWELLING) Eo... PUBLIC WATER PUBLIC WATER Evnc 11.301E SHEETLIMBER. S-1 ' BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��Of SID Southold 53095 Main Road•P.O.Box 1179 !� Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. • O� oad at Youngs Avenue) Nicholas Planamento �lycou RECEI"old,NY 11971 http://southoldtownny.gov AUG 0 3 2022 /111 ZONING BOARD OF APP "zing Boaid of RE EIVED TOWN OF SOUTHOL 9;N2 A KJ Tel.(631)765-1809•Fax(631)765.9064 DEC 2 4 2018) ,nA FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 20,2018 Southold Town Clerk ZBA FILE#7218 NAME OF APPLICANT: Cinthia Thorp PROPERTY LOCATION: 120 South Lane,East Marion. SCTM No. 1000-37-6-3.4 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 28, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 26, 2018. Based upon the information provided on the LWRP Consistency Assessment Form, as well as the records available, it is the recommendation of the Coordinator that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 12,365 square foot water front parcel located in an R-40 Zoning District. The parcel is irregularly shaped and has 32.29 feet of concrete retaining wall frontage on Orient Harbor. The parcel runs 59.88 feet along Oak Court, 325.14 feet on the East side, and 246.21 feet on the west side before turning 37.98 feet on the Northwest side and then running 80 feet on the west side back to oak court. The parcel is improved with a one story frame house, a metal frame, a concrete retaining wall, and a,wooden jetty as shown on a survey prepared by John Metzger, LLS, dated February 26, 2003 and last revised June 9, 2014. BASIS OF APPLICATION: Request for Variance(s)from Sections 280-124 and the Building Inspector's June 29, 2018, Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling, at; 1) located less than the code required minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; at: 120 South Lane, (Adj. to Orient Harbor)East Marion,NY. SCTM#1000-3 7-6-3.4. RELIEF REQUESTED: The applicant requests a variance to elevate the existing single family residence two feet, and to reconstruct an existing concrete stoop with a non-conforming setback of.5 feet from the side yard property line which will also result in a combined side yard setback of 12.7 feet. The Town Code requires a side yard f _ _ Page 2,December 20,2018 #7218,Thorp SCTM No. 1000-37-6-4 ret. The ECEIVED setback be at least 10 feet and the combined side yard setback to be at least 25 foundation is propos d tobe reconstructed,and the dwelling will be altered with a five feet addition to the L$&cO13,g2022 /f-,©AMENDED APPLICATION: During the hearing, the applicant was asked to bn int re confo mity with the code. The applicant on December 3, 2018 submitted a plan which proncoreaseoln e�E ined side yard setback to 15.8 feet bringing the plan into more conformity with the Town Code. ice t e dwu elIing will be lifted two feet in elevation, while still maintaining the existing non-conforming 33.1 feet front yard setback, front yard setback relief is not required. ADDITIONAL INFORMATION: The applicant is proposing to raise the house and install a new foundation. The building department has determined that the applicant does not need variance relief for the non-conforming front yard setback since it is existing and will only be lifted,not moved. An email was received on December 4, 2018 from a family member/neighbor who expressed concerns for possible discrepancies on the applicant's survey. The same individual was present at the public hearing and stated that there is a discrepancy between what is written on his old survey and the survey the applicant presented. Since the date of mailing to adjacent neighbors by the applicant, as required by public noticing regulations, a revised site plan dated November 29, 2018,prepared by Mark Schwartz, Architect, was submitted as requested to the Zoning Board which shows accurate metes and bounds surveyed by John Metzger, L.S. The neighbor also asked for a temporary fence to be erected to demarcate the property line during construction. The applicant's agent agreed to erect a silt fence on the property line. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2018 at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is an old neighborhood which consists of single family homes on non-conforming sized lots with non-conforming setbacks. The non- conforming side yard setback for the stoop is existing and will not change. The proposed non-forming side yard setback is caused by the odd shape of the property and is characteristic of this neighborhood. The applicant is maintaining the existing width of the house and the extension of five feet is modest in scale. 2. Town Law &267-1b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has a non-conforming sized lot that is oddly shaped, The house's side yard setback and combined side yard setback already exist as non-conforming and any demolition and reconstruction or additions and alterations will require the benefit of an area variance. 3. Town Law 4267-b(3)(b)(3). The variances granted as amended herein are mathematically substantial, representing 95% relief from the code for the single side yard setback and 38.8 % relief from the code for the combined side yard setback. However, the single side yard setback exists, and the non-conforming combined side yard setback is characteristic of the neighborhood. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders and Page 3, December 20,2018 #7218,Thorp SCTM No. 1000-37-6-4 RECEIVED gutters and install and upgrade the existing septic system to an alternative wase waterAAQn9dA2syste approved by the Suffolk County Department of Health. Zoning Board of Appeals 5. Town Law &267-b(3)(b)(5). The difficulty has been self-created. The applica . =, a er tt Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-1b. Grant of the requested relief as amended is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new stoop on raised and renovated house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Dantes, seconded by Member Acampora, and duly carried,to GRANT the variances as AMENDED for, and shown on the site plan by Mark Schwartz Architect dated November 29,2018 and architectural plans dated October 9, 2017 and February 24,2017 labeled A-1-A-4. SUBJECT TO THE FOLLOWING CONDITIONS: 1)The applicant shall install a silt fence along the Eastern property line. 2) The applicant shall install an alternative waste water treatment system as approved by the Suffolk County Department of Health. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on.the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Page 4, December 20,2018 #7218,Thorp SCTM No. 1000-37-6-4 Vote of the Board: Ayes: Members Dantes(Vice Chair),Acampora, Planamento7RECEIVED esolution was duly adopted(4-0). (Chairperson Weisman absent) 2 j Zoning Board of Appeals Eric L. Dantes IA Vice Chair Approved for filing 162,/ A) /2018 ATE DATA urnv,ppo-na... ' D6CIIIYTION: TOTAL: IOiCOVEPAOF: 'z4oo 5 < 5 z ITq�TT F 1, Ca Q �l N 31730"W 80.0' ,,, O bb X Cpm Z p N 37°'3 ;S 246.21' 9 z lb 9 5 311'30.E 325.14' `•2' O N 0 SITE PLAN SCALE:1•=20••0' p C rn o c> a C"+9 h 7V n U o C= - � FINAL p � (p REVIEVI 0 BY 7_BA ° OJ SEE DELI ION p 718 0'°4 (A wrzOLED ATA � � "T.a A-5- z o Southold Town Board of Appeals ' ►Ol .�1ao� MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765.1809 ACTION OF THE ZONING BOARD OF Appeal No. 3557 (After rehearing) RECEI :ED Application Dated November 24, 1986 T0: Mr. Garrett A. Strang, Architect AUG 0 3ella t(s)for MR. ROBERT EGAN ^AoMain Road, Box 14121Southold, NY 11971 Zoning Board oAppeals At a Meeting of the Zoning Board of Appeals held on January 8, 1987, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280—a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III, Section 100-31 [ ] Request for Application of ROBERT G. EGAN to amend Conditional Approval Rendered 11/3/86 under Appeal No. 3557 to allow reconstruction of dwelling with insufficient setbacks upon foundation as exists at 5 and 12 feet, rather than 7 and 12 feet, at 330 Knoll Circle, East Marion, NY; "Map of Section Two, Gardiners Bay Estates," Subdivision Lots 27 and part of 28; County Tax Map District 1000, Section 37, Block 5, Lot 12. WHEREAS, a conditional approval was granted by this Board under Appeal No. 3557 on November 3, 1986 as noted therein; and WHEREAS, the applicant has requested reconsideration of Condition No. 1 which restricted the westerly sideyard setback at seven feet; and WHEREAS, a resolution was adopted by this Board on November 20, 1986 by unanimous vote of all the members to re-open the hearing to re-consider the variance requested under Article III, Section 100-31 as to the westerly sideyard setback reduction; and WHEREAS, notice was published and posted as required by law on this public hearing, which was held on December 11 , 1986; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and r— the surrounding areas; and WHEREAS, the board made the following findings of fact: 1 . By this application, a Variance is requested from Condition No. 1 of this Board's decision rendered November 3, 1986 which reads as follows : (CONTINUED ON PAGE TWO) DATED: January 8, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Rendered January 8, 1987 ". . .Minimum setback from the west (side) proper y RECEIVED line at seven feet. . . ". AUG 0 3 2022 2. Applicant proposes to reconstruct new dwelling pon existing foundation, rather than new foundation, which pesently is set back five feet at its nearest point from the nor WzWn Board of Appeals property line (at, the northwest corner) and 12 feet at i s near9 est point from the southwest property line (at the northeas corner) , as more particularly shown on Drawing SP-1 dated September 5, 1986, prepared by Garrett A. Strang, Architect. 3. The premises in question is a substandard parcel con- taining a total area of 7,511± sq, ft. with 56 ft. frontage along the west side of Knoll Circle and widening to 69± feet in width along the bulkhead area. 4. The subject premises is located in the Hamlet of East Marion and is identified on the Suffolk County Tax Maps as District 1000, Section 37, Block 5, Lot 12 (also referred to as Lot 27 and part of 28, Map of Section Two, Gardiners Bay Estates filed in the Suffolk County Clerk' s Office September 23, 1927 as Map #275) . This parcel is improved with a single-family one-story frame dwelling structure set back five feet (at the closest point) and 7± feet (at the farthest point) from the west side property line, 28 feet (at the closest point) and 40 feet (at the farthest point) from the front property line along Knoll Circle, and 40± feet from the outer edge of exist- ing concrete bulkhead, as depicted on survey prepared October 6, 1958 by Roderick VanTuyl , P.C. 5. It is noted for the record that the Variances granted by this Board on November 3, 1986 included: (a) Minimum setback from the east side property line at 12 feet [as established by existing foundation]; (b) Minimum total sideyards at 12 and 7 feet; (c) Minimum frontyard setback not closer than 28 feet from the closest point; (d) Minimum setback from existing concrete bulkhead along Spring Pond at 35 feet for the newly proposed deck addi- tion [at the closest point], and 38 feet for the newly proposed two-foot cantilever. In considering this application, the board also finds and determines: (a) that the variance requested is substantial in relation to the requirements, being a variance of 50% of the required 10-foot sideyard setback and a variance of 32% of the required total 25-foot sideyards; (b) there will be no increase in population density and this project will not produce an undue burden on available governmental facilities; (c) the grant of this variance will not produce a substantial change in the character of the neighborhood or create a sub- stantial detriment to adjoining properties since the setbacks are established with the existing foundation structure; (d) the difficulty cannot be obviated by a method feasible for appellant to pursue other than a variance; (e) the circum- stances of the property are unique; (f) the practical difficulties claimed are sufficient to warrant a granting of this variance; (g) that in consideration of all the above factors, the interests of justice will be served by allowing a variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki , it was RESOLVED, to GRANT a Variance for the proposed recon- Page 3 - Appeal No. 3557 as Amended Matter of ROBERT EGAN Decision Rendered—January— 8, 1987 RECEIVED struction of the single-family dwelling upon existing AUG 0 3 2022 foundation in the Matter of the Application of ROBERT EGAN SUBJECT TO THE FOLLOWING CONDITIONS: Zoning Board of Appeals 1 . The reconstruction of the dwelling, including corni , overhangs, steps, etc. , shall be not closer than five feet from the west side property line and not closer than 12 feet from ` the east side property line (at the closest points as estab- lished and shown on survey dated October 6, 1958 prepared by Roderick VanTuyl , P.C. 2. If foundation is reconstructed, setbacks from the side property lines shall not be closer than seven feet from the west side and 12 feet from the east side (including cornices, overhangs , steps, etc. ) at the nearest points._at the north corners. 3. This approval shall be an amendment to the prior Decision rendered November 3, 1986, and Condition No. 1 thereof, and incorporates Conditions No. 2, 3, 4,' 5 and 6 herein. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Doyen and Sawicki . (Member Grigonis abstained due to his absence at the public hearing [illness]. ) This resolution was adopted with a majority plus one votes (4) of the five members present. 1 k G-✓�- �� GERARD P. GOE RINGCHAIRMAN January 14, 1987 -,D AND FILED BY m =L Ol7i'iYt:1D TOU-jId Ci:.iii1X Fouli n,Clr_rk, Torn cf gout told Savarese reSl+denceY ¢ . Legend iti � G R 2575 Old Orchard Ln Write a description for your map. MW� e t tl'n»aSr� �4 {R (Y e - 4 � _1x ,y�,,'•y+AM"+�� .� 'w�� .""Nra'r,rLw.` �Ry, ,�ro r' fit'{^+ q x l•'- Earth % Y x dam+ r` x a rF ' F,� `, P y� t� a ✓ Fiz 4 t` � s . l 9 w • • • ' k i S % yff r 1 _ _ - - TOWN OF SOUTHOLD PROPERTY RECORD CAI OWNERSTREET VILLAGE DIST. SUB. LUi FORMER OWNER N E ACR. I `a S W TYPE OF BUILDING --- ..:-:__- ......_. RES- : SEAS. VL. l FARM COMM CB MISC. Mkt. Value LAND IMP. OTAL DATE REMARKS ,s 1� _ cm cli fo ;",, - tv LULI — = - rl. - --.. i E UILDING CONDI I NEW NORMAL BELOW , BONE FARM Acre Value Per Value Acre able I Tillable 2f V6 Tillable 3 x Woodland r Swampland FRONTAGE ON WATER t r a9 Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD _ Total r ,,:, DOCK A F .i ■\■i■■■■!■■■■■■■■■■■■■■■■■■■■■ ■IN■1■NONE - IN molimi No ' 4 ■■■■I MINES --- �� ■ _ _ MEMO ■■■■■■■■ . ■EE■EINE■ FIE • s ■ Fire Place Dormer Baths .• MINE �0 I - - - - }- LOR (y! LU LH w �.J � 0•-6-7.Q 9 11 _ y.. o M. Bldg. Lu �� m Foundation: I Both ey / Dinette -- ' ' Extension �: ��t�, {�-�Q �Basement , � _ -� Floors '1 - - I 4. , K h,` N Extension j /'f Ext. Walls Interior Finish LR. ' _ I .�'.� � �Fire Place � _ < ; Heat � �,� DR. � Ktension i Type Roof r !-Rooms 1st Floor BR. % Porch i Recreation Roorr 1 Rooms 2nd Floor FiN. B. Porch t, 2 f� ormer Breezeway Driveway Garage Patio ; O. B. Total — 0 $ ZONE X 5EPT I G LOGAT I ON5 A 6 5T 26.5' 33.5' RECEIVED LPI 43' 39.5' - � L \L �b AUG 0 3 2022 LP2 36' 1 33' LL f LP3 32' 26, \\�� 5 Zoning Board of Appeals \� °• �0 9 Pp LP4 43 36.5 LP5 36' 30.5' 1 7A as ��A0� 2 2, SEPT I G 5Y5TEM 3p 0' F f• I . 1-PREGA5T 1000 GALLON SEPTIC, ' © / \ 5 -LEAGH I NCS POOL-5 6'� X 2' DEE 8.9 / �O� 3,2' .,v� -LOT O . 0\ Z ZONE X ZONE AE EL. 6' v�,� i ; LPaCYI LFz�� / oN w CFP/ ,� LPI ONE X ZONE AE \ \ EL. 7 �/ ZONE AE Sr9�6, �� EL. 7 � \ LOT7OV \ / ZONE VE a1 EL. `1' \ � 4�Vr Ak E5TATE5" 1 �� OUNTY GLERK'5 OFFICE NO. 275. 60 !1 ?~ i •K, - � ,fife � , �•,`i,'�.`' ' � 40 -RECEIVED :''� ,� • � fir_^,��� �. 2{02`2/04/ 19 1l 49 ON , � jk_i r 04/ 19 al ltr, 4 9 P'. y wt� r •• r4 .A ' A�J 11 Wh RECEIVED IVA 37 - 2022/04/-19 11 * 50 77 * 'lrVilL r 2-022/014 11 50 YA CIA 7RECEIVI D AUGI 3 202Z 7oning Boa., > t' 202 / 4/19 11 51 (5)Savarese Residence Taken:April 19,2022 Looking SSE jig &Mom. kr .M1, •nX � r t'_ �� :s �a, `� .Fs.s'r -:';r�,1_..� « .. (6)Savarese Residence Y, 1' Taken April 19,2022 ZBA CHECK FEES - 2022 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 8/1/2022 Peros, Branko&Margaret 7705 $1,500.00 1122 8/12/2022 8/3/2022 Savarese, Richard 7707 $250.00 5153 8/12/2022 8/3/2022 Savarese, Richard $750.00 5168 8/12/2022 8/4/2022 Rendel, Michael 7706 $750.00 1765 8/12/2022 8/4/2022 Rendel, Michael 7706 $250.00 1770 8/12/2022 8/9/2022 Yedid, Robert 7708 $500.00 3361 8/12/2022 8/11/2022 Carballal, Matt&Jessica 7709 $250.00 259 8/12/2022 $4,250.00 RECEIVED A U G 15 2022 Southold Town Clerk ` Fowr of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/15/22 Receipt#: 304973 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7705 $1,500.00 1 ZBA Application Fees 7707 $250.00 1 ZBA Application Fees 7707. $750.00 1 ZBA Application Fees 7706 $750.00 1 ZBA Application Fees 7706. $250.00 1 ZBA Application Fees 7708 $500.00 1 ZBA Application Fees 7709 $250.00 Total Paid: $4,250.00 Notes: Payment Type Amount Paid By CK#1122 $1,500.00 Branl®Peros Woodworking, Inc. CK#259 $250.00 Jessica S Carballal CK#1765 $750.00 Michael Rendel CK#1770 $250.00 Michael Rendel CK#5153 $250.00 Richard J. Savarese CK#5168 $750.00 Richard J. Savarese CK#3361 $500.00 Robert Yedid Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Carballal, Jessica 340 Riverside Drive 4 C New York, NY 10025 Clerk ID: JENNIFER Internal ID:7709 210204 5153 RICHARD J. SAVARESE JOANN SAVARESE 2 ZQ I a a o t';of ®C 3 6 $ -26-6 J i f°9L 1 A�`�. JPMorgan Chase Bank ® V�3/� 3285 Long Beach Road Oceanside,NY 11572 nxnauE r � RICHARD J. SAVARESE 210204, 5168 J®ANN SAVARESE ZZ ordcrof' Cin d $jtl Bark i CHASE C&'Oj JPMorgan Chase Bank o ® 3285 Long Beach Road Oceanside,NY 11572 .1M,OUE 77M RECEIVED AUG 1 5 2022 Southold Town Clerk _ ccb2f0a5 738d-4597-802e clda3dbdda9a I(Imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS ` THURSDAY, DECEMBER 1, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold,the following"IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town of Southold RECREATION CENTER, 970 PECONIC LANE, PECONIC on THURSDAY, DECEMBER 1,2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.- BRANKO AND MARGARET PEROS#7705-Request for Variances from Article III,Section 280-15; Article XXIII,Section 280-124; and the Building Inspector's June 3, 2022 Notice of Disapproval based on an application for a permit to construct second floor additions to an existing single family dwelling and to construct an accessory garage, at; 1)the accessory garage is located less than the code required minimum front yard setback of 35 feet; 2)the addition to the single family dwelling is located less than the code required minimum side yard setback of 10 feet; 3) more than the code permitted maximum lot coverage of 20%; located at: 815 Rabbit Lane, (Adj. to Marion Lake) East Marion, NY.SCTM No.1000-31-17-18. 10:10 A.M.- MICHAEL RENDEL#7706- Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's July 21, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built"front stoop and rear deck attached to an existing single family dwelling, at; 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum rear yard setback of 35 feet; located at: 130 West Lake Drive, (Adj.to Little Peconic Bay)Southold, NY.SCTM No. 1000-90-1-19. 10:20 A.M.-RICHARD J.SAVARESM;#T -Request for Variances from Article XXIII,Section 280-124; and the Building Inspector's July 7,2022 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition with a pergola attached to an existing single family dwelling, at; 1) located less than the code required minimum side yard setback of 10 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 2575 Old Orchard Road, (Adj.to Orient Harbor) East Marion, NY. SCTM No. 1000-37-6-7.1. 2 SOUTHOLD TOWN BD OF APPLS • /rte ccb2f0a5-738d-4597-802e-clda3dbdda9a kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:30 A.M.-ROBERT YEDID AND ELYSE YEDID#7708,- Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's .July 7,2022 Notice of Disapproval based on an application for a permit toreconstruct an accessory in- ground swimming pool,at; 1) more than the code permitted maximum lot coverage of 20%; located at: 230 Hippodrome Drive,Southold, NY. SCTM No. 1000-66-2-25. 10:40 A.M.-MATT AND JESSICA CARBALLAL#7709-Request for a Variance from Article XXIII,Section 280-124;and the Building Inspector's July 21, 2022 Notice of Disapproval based on an application for a permit to.construct a screened patio addition attached to a single family dwelling, at; 1) located less than the code required minimum rear yard setback of 35 feet; located at: 450 Bay Haven Lane,Southold, NY.SCTM No. 1000-88-4-23. 10:50 A.M.-STEVE AND FORTUNE MANDARO#7711-Request for Variances from Article XXII, Section 280-1058;Article XXIII, Section 280-124 and the Building Inspector's June 29,2022 Notice of Disapproval based on an application for a permit to relocate, raise and construct additions ` and alterations to an existing seasonal dwelling torbe converted to a single family dwelling,and construct a•retaining wall with railing;at; 1) proposed retaining wall with railing exceeds the'code permitted maximum 65 feet in height when located in or along rear and side yards; 2) dwelling is located less than the code required minimum front yard setback of 35 feet; 3) dwelling is located less than the code required minimum rear yard setback of 35 feet; at: 2135 Bay Avenue(Adj.to Marion Lake), East Marion, NY. SCTM#1000- 31-17-4. 11:00 A.M.-GARY TRAPANOTTO#7712-Request for a Variance from Article III,Section 280-15 and the Building Inspector's August 4, 2022 Notice of Disapproval based on an application for a permit to construct an accessory garage; at; 1) located in other than the code required rear yard;at:4593 Wickham Avenue, Mattituck, NY.SCTM#1000-107-4-8.1. 1:00 P.M.-VASILLIOS PAPAGIANIS AND THEOTOKIS T. DAVAS#7710-Request for Variances from Article III,Section 13-A(1)and 280-15;Article XXIII,Section 280-123; and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct - additions and alterations to an existing second single family dwelling and to legalize an "as built" accessory shed; at; 1) second dwelling exceeds one dwelling permitted on each lot;2) a non-conforming building(second dwelling)containing a non- conforming use shall not be enlarged, reconstructed,structurally altered or moved, unless such building is changed to a conforming use; 3) accessory shed is Located less than the code required minimum side yard setback of 20 feet;at: 1345 Chapel Lane, Greenport, NY.SCTM#1000- 45-1-8. 1:10 P.M,-STEPANiE MAZUR#7713 -Request for Variances from Article III,Section 280-15 and the Building Inspector's April 27, 2022,Amended June 27, 2022 Notice of Disapproval based on an application for a permit to demolish and reconstruct an accessory building measuring 22 feet in 3 SOUTHOLD TOWN BD OF APPLS ccb2fOa5-738d-4597-802e-clda3dbdda9a kimf@southoldtown ny,gov AFFIDAVIT OF PUBLICATION �/��� The Suffolk Times height; at; 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum side yard setback(2 sides) of 20 feet on each side; at: 555 West Road#1218,(adj.to Cutchogue Harbor) Cutchogue, NY,SCTM#1000-110-7-7. 1:20 P.M.-BARRY X. BALL AND KIMBERLY VAN LEE#7714- Request for a Variance from Article III, Section 280-14 and the Building Inspector's June 15, 2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at; 1) located less than the code required minimum front yard setback of 60 feet; at:39550 NYS Route 25,(Adj.to Gardiners Bay) Orient, NY.SCTM#1000-15-8-26.8. 1:30 P.M.-HARBES FAMILY ESTATE, LLC#7715-Request for a Variance from Article III, Section 280-15 and the Building Inspector's July 15, 2022 Notice of Disapproval based on an application for a permit to construct an accessory pool house/shed upon residential property; at; 1) located less than the code required minimum side yard setback of 25 feet; at:715 Hallock Lane (Adj,to Long Island Sound) Mattituck, NY. SCTM#1000-112-1-7.4. 1:40 P.M.-KCE NY 26 LLC#7686-Request for an Interpretation pursuant to Article XV, Section 280-62, and the Building Inspector's April 6, 2022, Amended April 13, 2022 Notice of Disapproval based on an application for a permit to construct a new Battery Energy Storage Facility,to determine whether the proposed Battery Energy Storage Facility is a Use Permitted by a Special Exception; located at: 10750 Oregon Road, Cutchogue, NY.SCTM No. 1000-83-3-6.1. 1:40 P.M.-KCE NY 26 LLC#7684SE- Request for Special Exception pursuant to Article XV, Code Section 280-626(5)to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 10750 Oregon Road, Cutchogue, NY.SCTM#1000-83-3- 6.1. 1:40 P.M.-I<CE NY 26 LLC#7685-Request for Variances from Article XXII,Section 280-109A(1)&(2); Article XV,Section 280-63; and the Building Inspector's April 6,2022,Amended April 13,2022 Notice of Disapproval based on an application for a permit to construct a new Battery Energy Storage Facility and to subdivide the existing parcel,at 1) proposed created lot shall require direct access to a public street in accordance to NYS Town Law 280-a; 2) height of structure more than the code permitted maximum 35 feet in height; 3)structure less than the code required side yard setback of 20 feet; located at: 10750 Oregon Road, Cutchogue, NY.SCTM No. 1000-83-3-6.1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. 4 SOUTHOLD TOWN BD OF APPLS I .T cc_b2fOa5-738d-4597-802e-clda3dbdda9a kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York Sta A County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: November 24, 2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 28 day of November 2022 Notary Si nature MARY BETH ALESCIO WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No.01AL5066219 Qualified in Saratoga County My Commission Expires March 04,2026 I Notary Public Stamp i i SOUTHOLD TOWN BD OF APPLS 1 BOARD MEMBERS OF SOUS Southold Town Hall Leslie Kanes Weisman,Chairperson O�� yof 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes-- Town Annex/First Floor, ellRobert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento cOUNTI Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 1, 2022 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, DECEMBER 1, 2022: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be.viewed at http://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 10:20 A.M. - RICHARD J. SAVARESE #7707 - Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's July 7, 2022 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition with a pergola attached to an existing single family dwelling, at; 1) located less than the code minimum side yard setback of 10 feet; 2) located less than the code minimum combined side yard setback of 25 feet; located at: 2575 Old Orchard Road, (Adj. to Orient Harbor) East Marion, NY. SCTM No. 1000-37-6-7.1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov. Dated: November 17, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 S0 4/( 1- Town Hall Annex, 54375 NYS Route 25 �y f P.O.Box 1179 �' =c Southold,New York 11971-0959 Fax(631) 765-9064 ZONING BOAR® OF APPEALS DATE:November 1, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons,we will continue via Zoom Webinar, as well. Therefore, the December 1, 2022 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. ;Below, please see instructions required to prepare for the ZBA public hearing which includes: iPLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than November 22 , 2022. To avoid weather damage to your sign please affix it to a sturdy surface such as DlMood. If your sign is damaged please call the office and we will provide you with another one. Prior to vour 12ublic hearing, members of the Board of Appeals will each conduct a personal inspection of vour property. If a Board member reports that there is no signage visibly on display as required by law,your scheduRed hearing will be adjourned to a later date to ensure compliance with Chanter 55-4 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by November 22, 2022, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing Page 2 V® MAILING INSTRUCTIONS: Please send by USPS Certified,Mail,-Return .Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by November 14,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf2southoldtownny.gov or elizabeth.sakarellos@town.southold.nyus - c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http•//24 38 28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2021 >2021 http://southoldtownny.gov/DocLimentCenter/View/8779/FinalRo112021-Amended 1IIVIPORTANT INSTRUCTIONS: ;Scan and email the USPS mailing receipts, :green signature cards„:and affidavits 'to, =kimf(a),southoldtownny.gov, and'**,PROMPTLYVSPS MAIL** the ORIGINALS to the Town,of_Southold, ZBA,P.O.:Bog 1179, Southold, NYS 11971. T Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes—Board Assistant CLaserfiche Instructions* for Zoning Board of Appeals Records ::;t,vt•rttmertl Sl'rVIC•:S E%tsicityo Ho"Do[.. .t�,"'�� ti ¢4°L' �'l'1�X•� 3.. �T{ h.7• t �a•t.{r ♦ n S�%,�'�.t:' f�y u �r;� ,AN �i-..>�,p-k�rc� - ~ Fr,aL" "ti.-'x.v .;':;.ifh.•,- �A+�.rt t •� 'r .F: .l' }s r t4. "t ,;q-; `�}; �`%';�,��c�'_;�•e'+;�r<%�-Rgv." I •'t .°,�^,�tf, �`,'xq+'��° '�.i>'r�'ri4���.►i.�+.�'J:..ata i,.' �'....,' �, Ott ,r i'1e � �.. i Y. _ �.�d°'..�a•�t f •F AfI.'C.�j I} �7M`y�, {: �' - •'1 f� .s '� .\�, '�•;�r�1t �.t S � S. E. Yll!Pit y,.J y5`:.�.+c'�:S t;`ry{•�f._'h ^i.'¢ ilK'•�t i 'Ar,•t .c` ra �; o �y L ' n P ✓j�t+t' 'Y, t( j-•~ "�i,3'f.��I.. ➢5N' �, i!N {h.�•, ��ly.� - ,4' r.A.< 1 �•..� ni ..:•Au%-._: >Y " NoU =MeCc` .`ibfa""s-c'"' 'endas'R�r, "Town'Code` �Online'Pa meats�rs vniRecoi'rTods• •Forms'"er,;'s,iT .�5 s<: P Ag, Iri• X - :.,3,.•',?,.7'.•'•i Si 'U "ro'reecfire;,, •. -. Easilc -p Ya bi1L;- `,•Wcbfin!vLi{crficF.c', �Fotnu/App2icationi"� Above: Homepage, Click on Link "Town Records"Weblink/Laserfiche Laserfiche WebLink ,t"Iut s'pr"a Home Browse Search To—OfSouthcld TownOfSouthold Name P-e cc-[ rempUre Warne To<M clerl c Entry Properties TJ'Nn HiY.Jfdn Path 7r�5Le25 Zoi n-Bcard ot?.PPeals(Z2Ij Creation date - �.r..JiJI1:iZ�i,lhf p,••:' a �9 Enir!2i L„ .:Pi 2 Firsr 2 Las[modified _.L ..___i AM S M2IdddW Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA) folder/link. Laserfiche Instructions �V ZBA Files Page 2 Laserfiche We6Link v V,wetm-i,:< -lei• =be,c 5;-.ou. Home Browse Search Zoning Board of appeals(ZBA) Zoning Board of Appeals Name Page count Tamplace name + (ZBA) AlphaCetical Index .. EntryProperties _-Bpard Attionz Laserfiche Search Gumes Path Meering sNeduies rL+,n ^'rpeaL;ZI?A} MmutesfkgendasrL egal fdodc-'Hearings Creation[late Pending Reportz Last modified ;:23!.017-:!i7 is/d'd -'Special Event Permits Trammg Requl,a—ms ZBA Officials Metadata '-ZBA=pliclez t:o-netadata`-,-h:;l _y 5rceoouns L:st Code 290-10C(3) 1 ju-di d-Llsnng 1 ZBA Book of Yapped 1977 Exl;nng Lots 189 oced.h.&Results am;henllh pap-smear-Uses1 1 Bulk Schedules 5 Agreements.Contracts&Leases Pa-'of I la=_ntrles Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions" folder to open. P�Ivlest Visited F,j%Getting Started D Southold,P1Y-Gfficia... A NetZero-My NetZero... .'• Date Duration Calcula... �R TewnOfSCuthcld-La... . Scuthcld-Cor Laserfiche 1NebLink Home Browse Search TOwn0rSouth0id> enit; and e` ^peals i_,A)-BoarO Acii0ns>Pending Pending Name i 9025 MAIN ROAD LLC,CARDINALE Entry Properties C R L RB.L71'-withdrawn Path JEMCAP SD 1 LLC x�`'' i'*' "'•t'-y'"`-r~ ., '- PECONIC RECYCLING TRUCK r•-•-- �•-• 'i THE ENCLAVES Creation date J#7370-Frend 1000-128-6-6 97379-Solutions East 1000.13-3-1. Last modified ,!9!2020 3:56:58 PM t' #7333-Spiller 1000-59-5-8.3 v i#73345=-HNF Resorts,Mydon Resorts-Campground-1000-40-3-5 Metadata J #7385 SE-Frled 1000-50-1-13.1 me:adara tj#7380"860 Bayview Drive-LLC 1000-37.-5-10.1 J x7387 Hard Corner 1000-61-4-1 ';`1#7387 Hard Corner-SITE PLAN-Arch Plans 1000-61-4-1 97388 Minwri Irrev.Trust 1000-128.-2-20 #7389 Benic 1000-71-1-4 y#7406-Naapa 1000-38-1-15 Page 1 of t Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche instructions ZBA Files Page 3 Laserfiche WI ebUnk Home Browse Search B�o;,, [ZC-;,Board Actions Board Actions name Page count Template name 195-,-1979 2 Entry properties. 7900-1499 Path tJ)Je.:15 r- .;%L' Ictio's 2001 Creation date 2002 2003 Last modified 200-t 2005 2 Metaclara 2006 2000 2009 2010 ,1WpjP-sm...zu... 20" 1012 2013 '0', 2015 2016 2017 Pqnd,,,.- Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 2017 I sass la: i 83:1 -a ...Io-1— Path a—AM— To- —o creati-dses 701, 75 Boa—,:— lastm Iflld .12 --5 ... .-Wata s 56 so Burd—1z r-Uz is a9a"d+nam st 1-11:o-n 7e25 OzIr, so 7.a is Above: See listed File Numbers. Click on file you are searching. 'Y Laserfiche Instructions i V ZBA Files Page 4 Cashel VAN Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche Web Link Home Browse Search >rtv,�ce::ea-di I-i >o,;,r<,u'^b, Relevance .e:arr,a:aareser,en;;e,rch L_� 7016 .:i Fleld nems 33ord iOc7i..53 page(;) ,w,..::•lu Page count:83 Template name:Board Actions Reset , _-..:Cohn and Kristen Ca,hel PROPERTY LOCATION:162 Cower Shingle Hill,Fsher... _...19.2017.7016.C,i,h-1 SUM N3.I G00-9.1.26 min,mes approval to rem.... 1r{i aec 5.../19.2017.;616.Cosncl SCTM Z. 1000-9.1-26 G(LONT,the variances as... >ea.J-:er—s -i'._'e v.-Co.IN L KRISTEN C:SHEL S.CTION 001 BLOC... sage D;...Thomas Ahlo•enrCasheq.PO Pox 342 Fishers Island.tdv... e Show more informatlen... 701E [�riard ActiGni G,'geC.i Page count:56 Template name:Board Actions %3-,c ...9;30A,M.-COLIN CASi4cL AND Variances underAmcle ld.S—on.ANN... i,.arca(S)KRISTEN CASHEI 07016-Racue3t propose.trellis Iocaud in other tha... •. Sh—more information... Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. LaseriicheWebLink MID :.1-•,•r_m�;, .,, ,,c.. Home Browse Search T4v!Q�So.r1'✓d>ZOn;rg 30sra C`Ai ae9k Minutes7Agendas/Legal Notices/Hear:ngs Minutes/Agendas/Legal N— Page count Template name Notices/Hearings 1957-1979 :. Entry Properties 1980.1999 2000-2009 Path :•;t150uit^i;(S_;:r 2010 ^1rr�.tN>ol. 2011 2012 Creation date - 2013 2015 Last modified 2015 - 2016 S Metadata 2017 ..:.1-.....t,aP.,,e I of 1 11 Ent, Above: Also, Minutes, Agendas, and Hearing Transcripts can be viewed. 1 Laserfiche Instructions /10� ZBA Files Page 5 Laserfiche WehLink E M,Meal ne elP Abo„1. Home Browse search "mvnGfsedt::ofd•2snro 3�ard Or=opezls:Z3A1-b1 ilc'Es,'=.ge:v,?s%L_aof fJa6ceslF+ear;gt;3-2017 2017 Name page count Template name ZBA-01105/2017 7 .. Entry Properties ' ;-ZBA-01105/2017 Agenda J Path ZBAa1.052017"eaong d0 of\ppeai; ZBA-01/0512017 LN 3 Ir_u,5`.t:ti,ttr�.,ite!IJ.av Lel,.:! ;ZBA-01/192017 N�Uc2vi Creation date ZBA-01/19/2017 Agenda .2!16•'20'n%: :1 1•.} ,�ZBA-02!022017 7 Last modified ZBA-02/072017 Agenda q r,19!_0t?ys3s9 Ph! ZBA-02/0'/2017-;eanng 45 R Metadata ZBA.02/0'J2017 LN 3 ,.j ZBA-02%16/2017 Agenda 3 NO n:etadald a5`.1':n•?'1 ZBA.02116/20175pedal 3 :edge LflesulG _,ZBA-031022017 7 mr health,pap-;near-Use:2 -•Z3A-03102/2017 Agenda .1 Z3A-03/020201'Neanng •ZBT-03102/2017 LN 3 •� ZBA 03/16/2617Agenda 3 ZaA.0311612017 Special 3 ZBA-04%06/2017 5 ZBA 0006/2017 Agenda .1 .J ZBA-OG,0612017 eanng 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 �+IvTl �. t � r Ht�► r� l �� � The following application will be heard by the Southold Town Board of Appeals at Town Nall, 53095 Main Road, Southold: "he application will also be available VIA ZOOM WEBINAR= Follow Iinkmhttp://southoldtownny.gov/caIendar NAME : S"ARESE , RICHARD #7707 SCTM #m. 1 000-37-6- 7 . 1 VARIANCE: YARD SETBACKS REQUEST: LEGALIZE "AS BUILT" DECK ADDITION WITH PERGOLA ATTACHED TO SINGLE FAMILY DWELLING DATE : THURS . DEC . 7 , 2i322 100020 AM 1 You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 A � , TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. SOUTHOLD, NEW YORK ' AFFIDAVIT OF In the Matter of the Application of: MAILINGS (Name of Applicant/Owner) ©L/2 o, SCTM No. 1000- (Address of Property) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, (y) Agent residing at Q AO 0)-r= 1047, E& WaLV—New York, If being duly sworn, deposes and says that: On the J��dday of -NOV , 20ffsr—, I personally mailed at the United States Post Office in T®arlV®1P ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes'addressed to current property owners shown on the current assessment roll Verified from the official records on file with the Assessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) Sworn to before me this ,g�?"Iday of /V Q , 20 2? filu�/ DIANE DISAL 4�4r NOTARY PUBLIC-STATE OFF NEW YORK No, 01 D1475593 (Notary Pu lic) ' Qualified in Suffolk County My Commission Expires April 30, 2014 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. I i; o. ,®ox 41 Zr HAR!o Ji/, N y, !/ 939 IlT Flo r 0,v . 5);255 C*e5 p � ,� ,cis Lp .rr�•.�a . ` - r U.S. postal Service" �. TERTIFIED MAV RECEIPT U.S. Postal Service- rU Domestic Mail , o ) RECEIPT .D 1 rx, Domestic Ea `' _^ �O Certified Mail Fee ce `$4.l_Ilt �,�-t'4-J:(�7.1,�� - Certified Mail p^ $ it r� f.:` r3 - r-l $e111:1 { V i Extra Services&Fees(check box,add/es aA ;= -'u ❑Return Receipt(hardcopy) $ �>17 P�1 I )�j r� ;,,,. Extra Services&Fees(check box,add lee a oppro dater 3 ❑Return Receipt(electronic) $_�b I I,1-l1 I' ;/�� y ❑Retum Receipt(haniGoPY) •$ ill.IPI ��-�d�qo11- �a Postmark I [I Certified Mali Restricted Delivery ? 1 i tia ❑Return Receipt(electronic) $ 1 1 I I j 1 41 n O ry $ +:Ii•i"1I� /1' erey I �' J ❑Certified Mall Restricted Delivery $ � ❑Adult Signature Required $ .�,-, '-r�r\ ?` � ❑Adult Signature Restricted Delivery$ -q.\\ r��� O ❑Adult Signature Required $ Her j1M Postage ^. � []Adult Signature Restricted Delivery$ Y<1 . .�fi ----= )Srr l c�C Postage Sp()c7q\ -" `'�=�=#f7�72t172 ulfl-vol �.,.'._��. . o $; Gardine'rvBay Estates Club '� 1 ., j 1 fill i�r icy Paul &W, oanne DeChannce i n S P.O. Box 4 C3 S ; ti 18 Sunset Lane j _. M1 East marion, N.Y. 11939 ' Miller Place, M.Y. 11764 I . ---•—- r;jii l�• 'Ur�;.' •;C2 TOWN OF SOUTHOLD ZONING BOARD OF APPEALSV� � SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING el CA?"—P ,T M VA A (Name of Applicants) COUNTY OF SUFFOLK STATE OF NEW YORK 1, "eresiding at P'.® . 6X 15347 Yoj New York, being duly sworn, depose and say that: I am the ( ) Owner or (g Agent for owner of the subject property On the 1 X7 day of A/0 1/ , 202?I personally placed the Town's Official Poster on subject property located at: o The poster shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing of � TZa zz_ op �� (Owner/Agent Signature) Sworn to before me this M67 Day of Al O Y ) 20 ZZ A14 / k (Notary Public DIANE DISALVO NOTARY PUBLIC-STATE OF NEW YORK No. OID1475593 Qualified In Suffolk County My Commission Expires April 30, 20 SENDER: &.__ALETE THIS SECTION . . . ■ Complete items 1,2,and 3. A. Slgnature.�:: ❑ gent / ` ■ Print your name and address on the reverse X [�/ so that we can return the card to you. i Addressee j ■ Attach this card to the back of the mailpiece, B. Received by,( rated Name) C. Date of Delivery or on the front if space permits_ D. Is delivery address different from item, ❑Yes Paul & Joanne DeChannc-LwL-- If YES,enter delivery address below: M-No j 18 Sunset Lane Miller Mace, N.Y. 11764 :71IJ ------ -- _ 3. ❑ Service T II I'lll'I I'll l'l l 11 I III II I I I I II II I I II IIII I I III YPe 13 Priority Mail Express® ❑Adult Signature Registered MaIIT^+ Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 6831 1074 8702 94 ❑Certified Mall Restricted Delivery El Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation 2. Articles N,jmhur Tr.�f. ❑Collect on Delivery Restricted Delivery Restricted Delivery 11Insured Mail ❑Insured Mail Restricted Delivery (over$500) PS Form 3811,JUIy 2020 PSN 7530-02-000-9053 _ Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A SiX4��� 13 ■ Print your name and address on the reverse XAgent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Prin�ted Name C. Date of Delivery 131 Gardiners Ba Estates Club l D. Isdeliveryac� differ n f m t� 1? E3 Yes Bay es If YES,entef< liy@�y address be ❑No -P.O. Box 4 ,l' E mast marion, N.Y. 11939 i � SSP 3. II I'lllll IIII I'I I II I III II I I I I li II I I I II I II II III 13 Adult Signace turre ElRegistpe 13 ered Mahn' Adult Signature Restricted Delivery 13 Registered Mail Restricted eeI 9590 9402 6831 1074 8703 00 rtified Mail® Delivery Tm . ❑Certified Mail Restricted Delivery ❑Signature Confirmation ❑Collect on Delivery ❑Signature Confirmation Article Number- ransfer from service lat)el ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insured Mall 12 ? t I : 13Insured Mail Restricted Delivery (over$500)' PS Form 3811,July 2020 PSN 7530-0_2_-_0_00_-_90_5F_­ �__ Domestic Return Receipt I Ur 1411-i- NOTICE Or HEARING The Mfsannn9 — / t EGtaM f APR ! f F .fl, h a d_f, Sn ..T 'ir,.-. ,, r` KCI fFYyS to R d `6.' .��[�~,c®` d -'� } ThA aPPi tl.4uy4r�.. Yta Cor ai« !H♦{{kw—� � tp'.-ar NAME Fow alwn u. a, SAVARESE R1CHA #7707 ` f: k - CTM#: 1000-37-6 7,1 VARIANCE:YARD SET6AGi{S F REQ4lE3?: LEGALi2E°^ S °'% `•r - �•+ :� `�'.,� 4i'IALE.T"bECHm,,,.0 ' A06rTtON Wf7ti F ERGOLA ATTACtYEc, TO SINGLE FA'.tILV DWELLING 0A TE: THURS DEC t.2022 10:20 AM K Y rg 4 1: y! t x { � 7 BOARD MEMBERS if So >: ,.youthold Town Hall Leslie Kanes Weisman,Chairperson �� ��® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ac Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento C®UNTI, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax (631) 765-9064 AUG 5 2022 August 4, 2022 Sout old Town Planning Board Mark Terry, Assistant Town Planning Director LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7707— Savarese, Richard Dear Mark: We have received an application to legalize "as built" deck addition with a pergola to an existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. �'�-- Very truly yours, r' Leslie K. Weisman Chairperson By: � �� � Encl. Site Plan/Survey: Peconic Surveyors, P.C. dated May 9, 2022 BOARD MEMBERS rjF SO!/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� �0 53095 Main Road•P.O.Box 1179 �O l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCOU( Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS August 4, 2022 TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 = � r Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7707 Owner/Applicant: Savarese, Richard Action Requested: legalize "as built" deck addition with a pergola to an existing single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chair erson By: - Encls. Site Plan/,Survey: Peconic Surveyors, P.C. dated May 9, 2022 BOARD MEMBERS ®gotffat/( Town Hall Annex Leslie Kanes Weisman, Chairperson 53095 Route 25,Main Road Patricia Acampora �� �� P.O.Box 1179 Eric Dantes z Southold,NY 11971 Robert Lehnert,Jr. • - Telephone(631)765-1809 Nicholas Planamento http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD December 20, 2022 Michael Kimack P.O. Box 1047 Southold,NY 11971 RE: ZBA#7707, Savarese 2575 Old Orchard Road, East Marion SCTM No. 1000-37-6-7.1 Dear Mr. Kimack; Transmitted for your records are copies of the Board's December 15, 2022 Findings, Deliberations and Determination, the originals of which were filed with the Town Clerk regarding the above variance applications. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one (1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions,please don't hesitate to contact our office. Sinc r ly, \-4� Kim E. Fuentes Board Assistant Encl. cc: Building Department N"352 382 a d m $ e A s N 17.1 �11T 25 a, BpV�11E`AI .a 21 0 "a 24 9 ` is lb ¢yO------------Nb Or g k 3'i e 4 5 ci Ivl FI4`0a 45` '• , ("mp"l ` 127) r 1 I ORIENT - NwJu. ca � ss. ,Iml i 1� , pn j 18 R Spring Pond pg(e) -2 r' NNOE/M'ATER LAND) Aj HARBOR 77 ri0 6.8A(c) N 770-7 9IORE(A'E �, wV 1b00 - b0��/\/ - ✓//���'�) l /.^] r 1^ r //f, -'N\ to Nb , n c°' ms. F�. T.(307 N OW V 37-5- 23,E , N 350.482 I NOTICE y >r COUNTY OF SUFFOLK © K 031 038 TOWN OF SOUTHOLD SECTION NO MAINTENANCE,ALTERATION,BALEOR •g w Real Property Tax Service Agency y OI STRIBUTION OFANY PORTION OFTHE 037 VILLAGE OF SUFFOLK COUNTY TM MAP IS PROHIBITED County Center Riverhead,N Y 11907 0'37 'f�°y^ SCALE IN FEET. M 132 REALWTH P T PEMITTEN PERMISSION N ENCY. /..,- 100 D 100 200 P 039 DISTRICT NO 1000 REAL PROPERTY TA%SERVICEAGENCY. PROPERTY MAP CONVi3LSICN DAIS Av010,201T